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Backup Documents 02/24/2009 Item #16E 116F1 Safe Harbor Management Agreement for Florida's Statewide Red - cockaded Woodpecker Safe Harbor Program I. Introduction This Safe Harbor Management Agreement (SHMA), effective and binding on the date of last signature below, is between the Florida Fish and Wildlife Conservation Commission ( "Commission ") and the participating Property Owner, Collier County on behalf of the Conservation Collier Program (Property Owner) (herein referred to as the Parties). This SHMA is subject to all terms and conditions in the Florida Statewide RCW Safe Harbor Agreement (FL RCW SHA) between the United States Fish and Wildlife Service ( "Service') and the Commission and the Enhancement of Survival Permit ( "Permit ") both of which are incorporated herein and made a part of this SHMA by reference. Agreement /Tracking Number: 003 Jthe Commission shall provide a tracking number for each SHMA it enters into) Agreement Duration: The duration of this SHMA is for 97 years. This time period is believed sufficient to allow a determination that the net conservation benefit(s) specified in the SHMA will be met. This SHMA covers the following property: The real property covered by this SHMA ( "Enrolled property ") is described in Attachment A of this document and delineated in Attachment B to this SHMA. This Agreement covers the following species: The Red - cockaded woodpecker (Picoides borealis) ( "RCW "), a federally endangered species, is the only species for which incidental take authority is sought. This species is considered the "covered species" as defined in the Service's Safe Harbor Policy (published at 64 FR 32717) (herein referred to as the "Policy "). II. Purpose The purpose of this SHMA is for the Parties to collaborate in order to implement management activities for the RCW on the Enrolled property that will provide a net conservation benefit to the RCW in the State of Florida. Under this SHMA, the Property Owner agrees to undertake the activities and procedures described herein on the Enrolled property for the benefit of the RCW. In accordance with the FL RCW SHA and the associated Permit, the Property Owner is authorized to carry out lawful activity on the Enrolled property that may result in the incidental take[ of RCW(s) or RCW habitat that is above the Property Owner's baseline responsibilities. I An incidental take is the `take- of any federally listed wildlife species that is incidental to, but not the purpose of, otherwise lawful activities (see definition of "take" on page 13) [ESA section I 0(a)( I )(B)I. For example, deliberately shooting or wounding a listed species would not be considered an incidental take. Conversely, the destruction of endangered species habitat for development generally would be construed as incidental and would be authorized by an Incidental Take Permit. 16EI For more information on incidental take see Section N.C., below. III. Net Conservation Benefits The Property Owner's voluntary management activities will provide one or more of the following expected conservation benefits to RCWs: 1. Maintain occupied nesting and foraging habitat at current levels and help maintain population stability. 2. Increase existing populations through the installation of artificial nesting and roosting cavities. 3. Create new groups and populations through natural population expansion and translocation efforts. 4. Augment populations through translocation of surplus subadults to acceptable sites. 5. Enhance, restore, and /or create suitable habitat on enrolled properties. 6. Decrease pine forest fragmentation and increase habitat connectivity as a result of habitat enhancement, restoration, and creation efforts. The above specific net conservation benefit(s) will be provided to the RCW by the management activities of the Property Owner, as set forth in the Evaluation Form (Attachment A). The expiration date of the signed SHMA and Certificate of Inclusion ( "Certificate ") will be no later than the expiration date of the Permit, which is 12/31/2105. A Property Owner will have the option to sign up for shorter periods of time as long as a net conservation benefit can be established during their requested SHMA duration. IV. SHMA Implementation A. Conservation Strategy On one or more mutually agreeable areas, the Property Owner agrees to enhance habitat for RCWs by allowing or providing for one or more of the following management activities: I . Prescribed burning. 2. Implement forest management practices that enhance habitat for existing baseline groups or provide habitat for additional groups of RCWs (thinning, longer rotations, regeneration that favors native pine species). 3. Providing hardwood midstory control 4. Install artificial cavities in baseline and /or recruitment clusters. 5. Population management. The above conservation strategy will be provided to the RCW by the management activities of the Property Owner, as set forth in the Evaluation Form (Attachment A)'. 2 The Property Owner has described the nature, extent, timing, and other pertinent details of the management activities that the Property Owner will voluntarily undertake to provide a net conservation benefit, including a schedule for implementation. The Property Owner has described how the management activities will benefit the RCW. -2- B. Baseline Considerations Baseline Conditions 16E 1 The baseline conditions that will be maintained on the Enrolled property are described in the Evaluation Form (Attachment A). The baseline will also include a description of the required foraging habitat (total basal area and acres) for each group or active cluster. Appropriate maps depicting foraging partitions for each baseline cluster will also be included. Using the proper surveys, described below, the Property Owner may differentiate the number of active clusters into potential breeding groups and solitary bird (typically male) groups. Determining Baseline Conditions The first step in determining the baseline conditions is to determine if suitable RCW habitat exists or if a known RCW group exists within one - half -mile of the property (at the discretion of the Commission, Property Owner knowledge may be the basis for determining the distance to known sites on neighboring properties). Suitable habitat consists of pine or pine- hardwood (50 percent or more pine) stands 30 years of age or older (USFWS 2003). If this type of habitat is not present, and there are no RCW groups within one - half -mile of the property, further assessment is not necessary, and the Property Owner's baseline will be zero. if a RCW group exists within one - half -mile of the Property Owner's property and the Property Owner has the responsibility of maintaining a portion of the habitat for the RCW cluster, as required by the ESA, that portion of habitat will be incorporated into the Property Owner's baseline. If suitable habitat is present, the Property Owner will determine if RCW groups exist. To determine if RCW groups exist, the Property Owner will conduct surveys for cavity trees in stands that contain suitable nesting habitat. Red - cockaded woodpeckers select and require old - growth pines for cavity excavation. Age of cavity trees depends on the ages of pines available, but there is a minimum age, generally 60 to 80 years, depending on tree and site factors (USFWS 2003). Old- growth pines are relatively rare throughout the south and remnants (both single trees and stands) within today's forests are critically important habitat ((JSFWS 2003). Property Owner properties that must be surveyed for RCW cavity trees include: 1. Pine and pine- hardwood stands over 60 years of age. 2. Pine and pine- hardwood stands under 60 years of age containing scattered or clumped old- growth (over 60 years of age) pine trees. 3. Hardwood -pine over 60 years of age adjacent to pine and pine- hardwood stands over 30 years of age. 4. Pine stands containing sawtimber, including stands thought to be generally less than 60 years of age but containing scattered or clumped trees over 60 years of age. 3- 1 1. RCW Surveys Unless all Parties have previously agreed upon the Property Owner's baseline 3, a baseline survey will be conducted by the Property Owner within one (1) year prior to the SHMA to inventory all existing groups to establish baseline responsibilities. Surveys for RCWs will follow the protocol described below. The survey will only include RCWs, unless the Property Owner specifically requests other species to be surveyed. Accurate surveys are essential for determining baseline conditions. To limit undetected cavity trees and misjudged activity status, qualified personnel should be used to conduct baseline surveys. Baseline numbers are subject to approval by the Commission and the Service. The Property Owner is responsible for any costs associated with surveys (baseline or supplemental). The results of the surveys done shall be the property of the Property Owner and shall be used only at the Property Owner's discretion. However, no SHMA will be signed until the baseline survey is reviewed and approved by the Commission. Supplemental surveys as specified in Section N.0 that are required prior to activities that may result in incidental take must be submitted to the Commission at least 60 days prior to commencing such activities. The Property Owners shall identify how the baseline was determined, when and how the baseline surveys were conducted, or if the baseline was established based on already -known information or other factors. Potential nesting habitat (pines greater than or equal to 60 years old) is surveyed by running line transects through stands and visually inspecting all medium —sized and large pines for evidence of cavity excavation by RCWs. Transects must be spaced so that all trees are inspected. Necessary spacing will vary with habitat structure and season from a maximum of 100 yards between transacts in very open pine stands to 50 yards or less in areas with dense midstory. Transects are run north- south, because many cavity entrances are oriented in a westerly direction (USFWS 2003). When cavity trees are found, their location is recorded in the field using a Global Positioning System unit, aerial photograph, and /or field map. Activity status, cavity stage (start, advanced start, or complete cavity), and any entrance enlargement are assessed and recorded at this time. If cavity trees are found, more intense surveying within 1500 feet of each cavity tree is conducted to locate all cavity trees in the area. Cavity trees are later assigned into clusters based on observations of RCWs as described below. Property Owners that wish to differentiate the number of active clusters in their baseline into the number of potential breeding groups and the number of solitary male groups will be required to complete group checks as described in the Recovery Plan (USFWS 2003). To perform group checks, trained and qualified personnel must track or "follow" each group for a half an hour to an Property Owners that agree to implement management activities to enhance RCW populations or territories on their property prior to the availability of this SHMA may establish abuse I ine with the approval of the Commission and the Service. The Property Owner must receive concurrence with the baseline assessment from the Commission and the Service However, concurrence with the baseline assessment in no way guarantees participation or acceptance in the Agreement. 4- hour, immediately after the birds exit their cavities in the morning, to determine group size. Group size is determined by observation of bird behavior and groups are classified as: a) two or more birds, b) a solitary bird, or c) no birds. Groups of two or more birds that remain together and peacefully interact are assumed to represent potential breeding groups. The Commission and the Service will ensure that Property Owners accurately classify RCW groups. Groups roosting extra - territorially in clusters occupied by one or more residents, captured clusters, and territorial conflicts can confuse the observer and result in erroneous group classification. If any doubt as to group membership exists, the Commission will require the "follow" (described above) to be repeated and /or the "follow" time to be increased until all doubt as to the group membership is removed. Two observers may be necessary if two clusters are located very close together or if cavity trees within a cluster are spread over a large area. Group checks are valid only if implemented during the breeding season. Groups of two or more birds at other times of the year may or may not represent potential breeding groups. The group check method is labor intensive (one group per observer per day at best) and complete population censuses are possible only in small populations or with multiple observers. Property Owners unwilling or unable to perform group checks will assume each active cluster is occupied by a potential breeding group for their baseline responsibility. 2. Baseline Responsibilities The baseline responsibilities of the Property Owner are to provide all the overstory necessary to maintain the cavity trees and the foraging area for all RCW groups discovered by a baseline survey of the Enrolled Property 4. Baseline responsibilities may include providing foraging areas for known groups on neighboring lands as described below in Section IV(F). If no groups are discovered during the baseline survey and there are no known groups on neighboring lands, there are no baseline responsibilities. Specifically, the Property Owner's baseline responsibilities as derived from the Service's guidelines for managed stability set forth in Appendix 5 of the RCW Recovery Plan, 2nd Revisions (USFWS 2003), are to: 1. Mark all trees containing complete and incomplete cavities (i.e. cavity trees) in baseline clusters and take reasonable precautions when conducting silvicultural, prescribed burning 7, 4 The Property Owner will provide a complete description of the agreed upon baseline inventory. This description will include; when and how the baseline surveys were conducted, maps of the survey area, and location, cavity stage and activity status of all RCW cavity trees, if applicable. 5 The Commission and the Service will not require the Property Owner to abide by more strict habitat requirements for baseline groups of RCWs should the Service revise the guidelines for managing RCWs on private lands. Should the habitat requirements be reduced, this agreement will be modified to reflect the new guidelines. G Reasonable precautions would include, but are not limited to, directional felling away from cavity trees, logging during dry conditions to minimize soil compaction, careful log removal to avoid scraping or otherwise damaging residual trees, careful prescribed burning to minimize the risk of igniting cavity trees, avoidance of skidding near cavity trees, and avoidance of fire line plowing near cavity trees. 7 Precautions should be taken to minimize the risk of igniting cavity trees— examples include raking litter away from the base of cavity trees (10 -20 feet depending on fuel load), wetting cavity trees or limiting burning to high moisture conditions. -5- 16F1 or other activities within baseline clusters to protect cavity trees that are part of the baseline from injury or timber harvest. Any active cavities damaged by prescribed fire will be immediately replaced within the cluster boundaries by installing two artificial cavities (inserts or drilled). The Commission and the Service must review on a case -by -case basis the removal of any active or inactive cavity tree. In the event that the location of any active cavity tree(s) changes over time such that one or more cavity tree(s) becomes established within a construction area, the Property Owner may be allowed to remove those cavity trees outside of the nesting season (August- March). For each active cavity tree removed in the construction area, a minimum of two artificial cavities (drilled or inserts) must be installed elsewhere on the lot (at least 200 feet from the building site) four months prior to initiation of construction. 2. Manage each cluster as a timber stand comprising at least ten contiguous acres, if currently present on the Property Owner's land, with the purpose of retaining potential cavity trees (pines greater than 60 years of age). If ten contiguous acres are not currently present on the Property Owner's land, the Property Owner will retain all of the potential cavity trees within the cluster. 3. Maintain cluster boundaries of at least 200 feet from cavity trees. 4. Provide at least 50 feet of basal area per acre in pine trees >10 inches in diameter at breast height (DBH) in active baseline clusters if the trees are currently present on the Property Owner's land or when they become available. On property where south Florida slash pine is the predominant pine species, basal area requirements are for pine trees >8 inches DBH. Small areas of regenerating trees that exceed 70 feee of basal area per acre may be retained within a cluster provided RCW cavity tree entrances are not obstructed by the regenerating trees. 5. Maintain the midstory vegetation within RCW clusters in an `open" condition by prescribed burning, precommercial thinning, or other means by ensuring that 1) no hardwood midstory exists or if a hardwood midstory is present it is sparse and less than 2.1 m (7 feet.) in height and 2) canopy hardwoods are less than 10 percent of the number of canopy trees. 6. Provide at least 3000 feet of basal area in pine trees (including the trees in the cluster) >10 inches DBH (>8 inches DBH in S. Florida slash pine) for foraging habitat on a minimum of 75 acresti, if the trees are currently present on the Property Owner's land. If 3000 feet2 of basal area of pine trees >10 inches DBH is not available for foraging habitat ( >8 inches DBH in S. Florida slash pine), the Property Owner will maintain the existing pines inside the foraging area and provide the 3000 feet of basal area of pine trees >10 inches DBH as soon as possible. 7. Conduct timber harvesting within the active baseline clusters only between August 1 and March 31, or as otherwise approved by the Commission. If there is a need to harvest timber within an active cluster outside this window of time, the Property Owner should notify the Commission 60 days in advance of the desired starting harvest date. The Commission will determine the stage of nesting activity within the cluster and advise the Property Owner of appropriate precautions. Timber harvesting cannot be permitted during nest initiation, while the female is in the process of laying eggs, while the nesting cavity contains viable eggs or young, or until the fledglings are capable of sustained flight. Possible exceptions to this are 8 Foraging habitat for each RCW group must be contiguous to the cluster stand with no gaps between stands exceeding 200 feet. -6- 16E1 emergency harvest as described in Section IV.E., below, due to insect infestations, natural disasters, or other disasters. 8. Cannot construct any new roads and /or utility right of ways within active baseline clusters. 9. Provide reasonable protection for RCW groups from human activities that could incidentally cause injury or death in active baseline clusters. 10. Provide the Commission and the Service the opportunity to review proposed timber sales at least 60 days in advance of the desired starting harvest date to ensure that the baseline responsibilities discussed above in this section will be met. As part of the review, documentation of before and after harvest foraging availability for each RCW baseline group will be provided by the Property Owner to the Commission. 3. Baseline Responsibility for Foraging Habitat for Clusters on Neighboring Lands Where a RCW group exists within one - half -mile of the Enrolled property and the Property Owner has the responsibility for maintaining a portion of the foraging habitat for that RCW cluster, as required by the RCW Recovery Plan, 2 "d Revision, that portion of the foraging habitat will be incorporated into the Property Owner's baseline. The map, which is Attachment C to this SHMA, shall identify known non - Enrolled property RCW groups for which the Property Owner agrees to provide habitat as part of the Property Owner's baseline responsibilities. The Evaluation Form (Attachment A) of this document sets forth the Property Owner's responsibilities with respect to providing foraging habitat for such non - Enrolled property groups. 4. Baseline Adjustment a. Loss of Baseline Groups In spite of management and protection efforts, there may be circumstances, through no fault of the Property Owner, where groups that gave rise to the Property Owner's baseline responsibilities cease to exist on the Enrolled property. If RCW baseline groups cease to exist on the Enrolled property, the Enrolled property Owner will not be held accountable for the loss of the RCW baseline groups provided the following have occurred: 1. The RCW groups have remained absent from the Enrolled property for a minimum of five years; 2. The RCW cluster remains inactive for a minimum of five years; and 3. The loss of the RCW baseline group occurred through no fault of the Property Owner and in spite of total compliance with the SHMA. A Property Owner's RCW baseline can be reduced for each RCW group that meets all of the three criteria listed above. The Property Owner must request a baseline reduction from the Commission in writing. The Property Owner must allow the Commission and /or the Service access to the Enrolled property to conduct an investigation, if the Commission and /or the Service so choose. If the Commission and /or the Service determine the group is eligible for removal from the baseline, the Commission will modify the SHMA and Certificate to reflect the change in baseline responsibilities. The Enrolled property will not obtain a reduction in baseline if a RCW group moves to a new cluster on the same Enrolled property. The Enrolled property can 7- 16EI get a reduction if a cluster moves onto neighboring property as long as the criteria above are followed. A Property Owner may be required, however, to provide foraging habitat if the owner on the neighboring property is unable or unwilling to do so. b. Shifting Baseline RCW baseline responsibilities will be associated with specific active clusters in existence at the time the Property Owner enters into the SHMA. Property Owners may, with the Commission's consent, shift their baseline responsibilities to a new active cluster that has formed on their property subsequent to the signing of the SHMA. When a new active cluster is formed on an Enrolled property, it may replace any other cluster harboring a group of similar or lesser demographic status (i.e., potential breeding pair can replace solitary bird or same sex groups) that was within the Property Owner's original RCW baseline responsibility as long as the following conditions are met: 1. The Property Owner is in total compliance with the SHMA. 2. The Property Owner has maintained his/her baseline as specified in the SHMA. 3. The Property Owner has replaced: a. A baseline potential breeding group with another potential breeding group, or b. A baseline solitary bird group is replaced with either a potential breeding group or another solitary bird group of the same sex. 4. The Property Owner has replaced a baseline potential breeding group with an above - baseline potential breeding group that has been in existence for at least six months, including a breeding season (April to July), prior to the replacement. 5. The Property Owner has replaced baseline clusters with above- baseline clusters and will provide suitable nesting and Foraging habitat as defined in the guidelines for managed stability set forth in Appendix 5 of the RCW Recovery Plan, 2nd Revision (found in this document in Sections IV. B.2. Baseline Responsibilities and N.B.5. Management Activities). If other groups are present within the Enrolled property, replaced groups are located so that they can physically contact the other groups that are present on the Enrolled property. 6. The Property Owner has replaced solitary bird groups prior to replacing potential breeding groups when possible. 7. The Property Owner will be required to maintain the entire foraging and nesting habitat needed for the new group. The Commission must concur in writing prior to a Property Owner's shifting his or her RCW baseline requirements from one group to another. The Commission's approval is required because of those circumstances in which maintenance of the original cluster is necessary in order to maintain contiguity of habitat, dispersal habitat, or other desirable features of the landscape or population. Where possible, flexibility will be used by the Commission with concurrence from the Service. Upon the Commission's concurrence to transfer RCW baseline responsibilities, sufficient documentation (i.e. maps reflecting change) of the shift in baseline will be placed in the Enrolled property's file with the Commission. 9 If the baseline is defined as the number of active clusters, supplemental monitoring will be required to establish group composition. A 16EI 5. Management Activities for Baseline RCW Groups The Property Owner agrees to undertake activities to maintain and enhance the habitat (foraging and nesting habitat) of all active baseline groups indicated on the map labeled Attachment B and described in the Evaluation Form (Attachment A). Manage active baseline clusters as follows: a. Overstory stocking in a cluster will be maintained between 50 and 80 feet'' of pine basal area per acre (>I0 inches DBH; >8 inches DBH in S. Florida slash pine) if the trees are currently present or when they become available. Small areas of regeneration may occur within a cluster provided cavity entrances are not obstructed. b. Hardwood basal area in a cluster will be maintained below 10 feet of basal area per acre. All hardwoods within 50 feet of cavity trees will be removed. c. Maintain a minimum average spacing of 25 feet between trees within the cluster, except where closer spacing already exists. d. No hardwood midstory or if a hardwood midstory is present, it is sparse and less than 7 feet in height1o. 2. Maintain at least the minimum foraging habitat of 3000 feet of basal area in pine trees that are at least 30 years old with a DBH > 10 inches (?8 inches DBH in S. Florida slash pine) on a minimum of 75 acres for each active baseline cluster as follows: a. Overstory stocking for foraging habitat will be maintained between 40 feet and 80 feet' of basal area per acre. Stands managed on an uneven -aged basis may have patches of regeneration or residual stands of older trees higher than 80 feet of basal area per acre b. Average pine basal area of pines < 10 inches (<8 inches in S. Florida slash pine) will be maintained below 20 feet per acre. c. Total stand basal area, including overstory hardwoods, will not exceed 80 feet per acre. d. No hardwood midstory or if a hardwood midstory is present, it is sparse and less than 7 feet in height. Allow the Commission and /or the Service, if it so chooses, to translocate surplus subadult RCWs off the Enrolled property to augment other populations if such removal of subadults will not affect the Property Owner's baseline responsibilities. C. Incidental Take of Above - baseline Groups and /or Foraging and Nesting Habitat The participating Property Owner under a SHMA and Certificate will be allowed to develop, harvest trees upon, or make any other lawful use of his /her property, even if such use results in the incidental take of RCWs or RCW habitat provided all of the following qualifications are met: 10 The RCW Recovery Plan's guidance on hardwood midstory given in the RCW recovery plan refers to the hardwood midstory as a whole, which allows some Flexibility for individuals so that midstory may exceed 7 feet in height. The term -sparse- is used to describe the midstory of desirable RCW foraging habitat. A more subjective habitat assessment (i.e., sparse) allows land managers flexibility to account for the variability found within most forested systems. Additionally, prescribed burning and other activities to reduce brush and understory competition will be required no more than once every other year after understory is under control. -q- 16F1 1. The Enrolled property Owner must be in total compliance with the SHMA; 2. The Enrolled property Owner must have maintained his or her RCW baseline as specified in the SHMA; 3. RCWs may not be shot, captured, or otherwise directly taken; 4. The take is incidental to otherwise lawful activities; 5. The Enrolled property Owner must conduct a supplemental survey immediately (no more than 180 days but no less than 60 days) prior to any activity, which may result in the incidental taking of above - baseline RCWs or RCW habitat and provide the Commission with the results of the survey 60 days prior to the commencing of this activity. Only the specific area that will be affected requires this supplemental RCW survey. No surveys will be required within one year of the baseline survey, unless recruitment clusters have been established in the area that will be affected by this activity; 6. Proposed activities that could result in the incidental take of RCWs must take place only during the non - reproductive season (August 1S1 through March 31" of following year) unless otherwise authorized by the Commission; and 7. The Enrolled property Owner shall not undertake any activity that could result in incidental take of RCWs until the Property Owner has provided the Commission with at least 60 days written notice of the Property Owner's intention to conduct such activity to allow the Commission, the Service and /or their agents the opportunity to translocate the affected RCW group(s) to a suitable recipient site. Notwithstanding the 60 -day notice requirement, the Property Owner should provide as much notification to the Commission as possible. Upon receipt of the requested notice, the Commission, the Service and /or their agents shall give a consolidated effort to respond to the Property Owner's notice. However, should the Commission, the Service and /or their agents fail to respond to the Property Owner within the 60 -day time frame, the Property Owner may proceed with the proposed activity. Activities that would or could result in take include, but are not limited to: any activities occurring within a cluster during the RCW breeding season, any timber harvesting within a cluster, any timber harvesting within foraging habitat that reduces basal area in pine trees >10 inches DBH below 3000 feet (on property where south Florida slash pine is the predominant pine species, basal area requirements are for pine trees >8 inches DBH), application of forest chemicals within a cluster, new road construction within or near a cluster, and any new building construction within or near a cluster. The Property Owner agrees to contact the Commission and /or the Service to determine if a proposed activity may result in take of RC Ws. Prescribed burning and installation of artificial cavities is allowed during the nesting season as necessary for the continued survival of the group and will not require notification. D. Monitoring and Reporting For the duration of the SHMA the Property Owner agrees to provide an annual monitoring report by January 15 of each year to the Commission (Attachment E) that describes the general monitoring process, the implementation and results of the agreed upon management activities, 16E1 and the occurrence of any incidental take of RCWs. Annual monitoring reports will also document any changes in the condition of RCWs and /or their habitat. Specifically the Property Owner agrees to: 1. Identify the monitoring schedule as follows: a. Submit monitoring reports and denote whether data is provided from the Property Owner, professional scientist or other specific individual or entity. b. Identify when the agreed upon management activities were or will be implemented and when the results were or will be evaluated. 2. Describe the implementation of the management activities as follows: a. Identify which management activities the Property Owner agreed to provide for the annual monitoring period. b. Identify which management activities were provided during the annual monitoring period. c. Discuss any problems with the implementation of the management activities during the monitoring period. 3. Describe any incidental take, which occurred during the reporting period including: a. A description of the land -use activities that may result in incidental take of RCWs. b. A discussion of the actual or potential incidental take expected for above - baseline RCWs and /or habitat. c. A description of the activities that returned or would be expected to return the Enrolled property to baseline conditions. Describe any new or above - baseline clusters discovered during the reporting period including: a. A description of the management activities associated with the new or above - baseline clusters. b. A map with the new cluster's location. c. A description of the cluster (i.e. total number of cavities, age, species, and DBH of cavity trees). E. Emergency Salvage Harvest Situations Emergency situations, such as natural disasters or insect infestations, may require that emergency (salvage) harvesting of timber on the Enrolled property begin with less than the 60 -day notice set forth in the preceding section IV(C). For above - baseline groups, the Property Owner shall notify the Commission by written certified notice at least three days prior to conducting an emergency harvest. The Commission, the Service, and /or their respective agents shall have this three -day time period to translocate above - baseline impacted birds. The Property Owner shall not initiate such harvest until three days after the Commission has received notice. For emergency situations involving baseline groups /clusters, the Property Owner will notify the Commission and /or the Service before emergency (salvage) harvesting begins. The Commission and the Service will evaluate each case on an individual basis, and both the Commission and the Service must concur on the appropriate management actions 16 [ F. Neighboring Property Owners' Responsibilities The Commission and the Service recognize the implications to neighboring property owners of the successful implementation of management actions on enrolled lands. Further, the Commission and the Service recognize and acknowledge that some Property Owners may be reluctant to initiate management actions that may have land, water. and /or natural resource use implications to neighboring Property Owners. The implications to neighboring Property Owners with non - enrolled lands will be assessed on a case -by -case basis. For example, when the Commission and the Service believe that occupation of non - enrolled neighboring lands is likely, the Commission will make every effort to include the neighboring Property Owner in the FL RCW SHA through an SHMA and Certificate, thus extending the Safe Harbor assurances. The Policy allows the Service to use the maximum flexibility allowed under the ESA in addressing neighboring properties not covered under Safe Harbor Agreements and their associated SHMAs. The Policy also allows flexibility with regard to associated incidental take authorizations, including, but not limited to, granting of incidental take to neighboring Property Owners where occupation of their lands is expected as a result of an SHMA. However, this does not mean that neighboring Property Owners fitting this scenario will be automatically given incidental take authorization if listed species occupation occurs. G. Successors in Interest Property Owners who enter into SHMAs with the Commission shall have the right to transfer their rights and obligations under the SHMA to non- federal entities in conjunction with the conveyance of all or part of the Enrolled property and within the limits set forth in this section. A Property Owner is required to notify the Commission by written certified letter at least 30 days in advance of any conveyance of the Enrolled property whether in whole or part or as soon as practicable, but prior to such conveyance. If the Enrolled property Owner conveys ownership of all of the Enrolled property, the Commission and the Service will regard the new Property Owner as having the same rights and obligations as the previously Enrolled property Owner under the SHMA and the associated Certificate, if the new property owner agrees in writing to accept the transfer of SHMA rights and responsibilities and signs an amendment to the SHMA making the new property owner a party to the original SHMA within 90 days of the conveyance. If the new Property Owner attempts to do so more than after 90 days after the conveyance, the Commission and the Service may allow such a transfer in their sole discretion. Upon becoming a party to the original SHMA, actions taken by the new property owner that result in the incidental take of above - baseline RCW group(s) would be authorized if the new Property Owner maintains the terms and conditions of the original SfIMA and the associated Certificate. If the new Property Owner does not become a party to the SHMA, the new Property Owner would neither incur responsibilities under the Agreement nor receive any safe harbor assurances relative to this Agreement. If a new Property Owner agrees to become a party to the original SHMA and associated Certificate, the new Property Owner will only be bound to undertake the original baseline responsibilities. 12- 16f1 If the Enrolled property Owner conveys ownership of a portion of the Enrolled property, the Enrolled property Owner may continue to operate under the existing SHMA; however, the SHMA must be amended to redefine the Enrolled property and the number of active clusters on the newly defined Enrolled property. If the new Property Owner enters into a SHMA within 90 days of the conveyance of the portion of the Enrolled property, that SHMA shall limit baseline responsibilities to those for which there were baseline responsibilities under the previous SHMA, thus, effectively transferring the baseline for the conveyed portion of the Enrolled property. If the new Property Owner attempts to enter into a SIIMA more than after 90 days after the conveyance, the Commission and the Service may allow such a transfer in their sole discretion. The Property Owner bears sole responsibility to inform their successor(s) in interest or potential buyers about enrollment of the listed property in the SHMA. However, after any notification of change in ownership of the Enrolled property, the Commission, at its discretion, may attempt to contact the new or prospective Property Owner to explain the baseline responsibilities applicable to the property and determine whether the new Property Owner will become a party to the original SHMA, enter a new SHMA, or cease enrollment. If the new Property Owner agrees to the terms of the SHMA in writing, the baseline will remain the same in the new SHMA. H. Regulatory Assurances The Service and the Commission shall, through the Florida RCW SHA and its associated Permit, grant regulatory assurances to Property Owners in good standings through Certificates of Inclusion. These assurances are as follows: "9f additional conservation and mitigation measures are deemed necessary, the Service may require additional measures of the enrolled landowner, but only if such measures are limited to modifications within conserved habitat areas, if any, for the affected species and maintain the original terms of the SHMA to the maximum extent possible. Additional conservation and mitigation measures will not involve the commitment of additional land, water or financial compensation or additional restrictions on the use of land, water or other natural resources otherwise available for development or use under the original terms of the SHMA without the consent of the Enrolled property Owner. These assurances allow the Enrolled property Owner to alter or modify the Enrolled property, even if such alteration or modification results in the incidental take of the RCW to such an extent that the take returns the RCW to the originally agreed upon baseline conditions. These assurances may apply to the entire Enrolled property or to portions of the Enrolled property as designated or otherwise specified in the SHMA. These assurances are also contingent on the Enrolled property Owner's compliance with the obligations of the SHMA. Further, the assurances apply only to this particular SHMA, only if the SHMA is being properly implemented, and only with respect to species covered by the SHMA." I. Other Federally - listed Species Although the Commission and the Service regard it as unlikely, the possibility exists that other listed, proposed, or candidate species, or species of concern may occur in the future on the - 13 - 16E I Enrolled property as a direct result of the management actions specified in the Evaluation Form (Attachment A). If that occurs and the Property Owner requests, the Commission and the Service may agree to amend the FL RCW SHA and associated SHMAs to cover additional species and to establish appropriate baseline conditions for such other species. Surveys for other federally listed species will not be required of SHMA participants. However, according to Section 9 of the ESA, Property Owners will be subject to restrictions against "take" of any federally listed animal not covered by their Certificate. The term "take" as defined by the ESA, means to harass, harm, pursue, hunt, kill, trap, capture, or collect, or to attempt to engage in any such conduct. Federally listed plants are considered legal property of the Property Owner and according to the Policy, are not subject to "take" restrictions. If other federally listed species are known to exist on the enrolling property, then the Commission and the Service will consult with and assist the Property Owner in tailoring his /her management actions to avoid take and to minimize any disturbance of these species. The Enrolled property Owner shall notify the Commission in advance of any activity covered by the SHMA that may potentially impact any federally- listed wildlife species other than the RCW in order to be advised of ways to avoid incidental take of that species and/or to obtain an incidental take permit or an incidental take statement to cover the potential take of that species. The Enrolled property Owner shall notify the Commission at least 60 days in advance of any activity that may result in the destruction of any federally - listed, proposed, or candidate plant species known to occur on the Enrolled property and shall provide the Commission with an opportunity to remove the affected plants, where appropriate to do so, to sites that are outside of the Enrolled property or, with the Property Owner's written permission, to other sites within the Enrolled property. J. Obtaining Other Necessary State and Federal Permits The Property Owner agrees that he /she and /or his /her agent must obtain any necessary state or federal permits for activities such as capturing, banding, reintroducing, etc. of RCW(s), if such is planned. The Property Owner agrees to provide a list of the names of permit holder(s) for these activities and the corresponding permit number(s) to the Commission prior to the Property Owner engaging in any such activities on the Enrolled property. V. SHMA Management A. Termination of SHMA 1. By the Property Owner The Property Owner or its enrolled successor in interest must give the Commission 60 days written notice, by certified letter, of his /her intent to terminate this SHMA and must give the Commission and /or the Service an opportunity to relocate individuals of the covered species within 30 days of such written notice. As provided for in Part 12 of the Policy, a Property Owner may terminate a SHMA prior to the expiration date of the SHMA for circumstances 14- beyond the Property Owner's control. Provided that the baseline conditions have been maintained, the Property Owner, subject to the previously mentioned notice requirement and opportunity to relocate individuals of the covered species, may return the Enrolled property to baseline conditions, even if the expected net conservation benefits have not been realized. If the Property Owner is unable to continue implementation of the management activities, plans and stipulations of this SHMA, whether due to catastrophic destruction of the species population numbers or habitat or due to unforeseen hardship, the Property Owner must relinquish his /her Certificate of Inclusion to the Commission. Species management on the Property Owner's property would return to its status prior to the signing of this SHMA (i.e., original baseline). If a Property Owner has not returned his /her property to baseline conditions at the time of termination of his/her SHMA, and the number of RCW groups has increased, the additional groups will be protected by the take prohibitions of Section 9 of the ESA because the Property Owner's take authorization (via the Certificate of Inclusion) will have become invalid upon termination of the SHMA. If the Property Owner terminates an SHMA for any other reason, the Certificate of Inclusion shall immediately cease to be in effect. 2. By the Commission and the Service The Commission has the right to terminate this SHMA where the Property Owner is found to be in non - compliance with the terms and conditions of this SHMA. If the Property Owner is found to be in non - compliance with this SHMA, the Commission will issue a written letter of non- compliance to the Property Owner. The Property Owner shall have 60 days from receipt of the letter to rectify the non - compliance issue(s). If the issue(s) is not resolved to the satisfaction of the Commission by the end of the 60 -day period, the Commission shall terminate this SHMA and the associated Certificate, which contain the regulatory assurances. Should the Property Owner fail to comply with the terms of this SHMA, and the Commission is unwilling and/or unable to terminate this SHMA, the Service reserves the right to utilize the provisions of the previous paragraph of this section at its discretion or to review and /or terminate this SHMA. 3. By Termination of the Florida RCW SHA Should the Service or the Commission terminate the Florida RCW SHA, this SHMA shall also terminate concurrently with the effective date on which the Florida RCW SHA and associated Permit are terminated. B. Access to Enrolled property The Property Owner shall grant access to the Commission at least annually to verify that the conditions of the SHMA are being upheld, to assess the condition of the baseline groups and any new RCW group(s) that have been discovered, and to measure, monitor, and tag/band individual RCWs as appropriate. The Commission shall give the Property Owner reasonable notice 'generally 30 days) of these visits and may be accompanied by the Property Owner or an agent of the Property Owner. The scope of the visit will be agreed to in advance. The Property Owner 15- 16E shall not unreasonably withhold access to enter upon his /her property and agrees to grant the Commission and /or the Service access with reasonable notification. C. Financial Assistance If funds become available for managing RCWs on private land, the Commission shall seek to give the Property Owner priority access to those funds to help offset the costs of undertaking management activities. Any financial assistance given to the Property Owner must be used for current or future activities and not applied to past activities. Activities including, but not limited to, baseline surveys, midstory control, pre - commercial thinning, prescribed burning, artificial cavity installation, cavity maintenance and demographic monitoring can be considered for financial assistance. 16- 16F1 Section VI. Attachments to the Agreement The following attachments are hereby incorporated and made part of this Agreement: Attachment A — Evaluation Form Outlining Baseline Responsibilities, Conservation Measures and Conservation Benefits Attachment B — Map of the Property Owner's Enrolled property and the Enrolled property's Legal Description (include RCW habitat and cluster locations) Attachment C — Map of RCW Clusters within 0.5 miles of the Enrolled property (if any exist) Attachment D — Certificate of Inclusion Attachment E — Annual Report of Activities for Safe Harbor Management Agreement (to be added after 1 year of enrollment of Property Owner through to expiration/termination date) RCW Clusters Attachment — Form for Providing Information on Multiple RCW Clusters n- VII. Signatures and Information Administrator: Tim Breault Florida Fish and Wildlife Conservation Commission 620 South Meridian St. Tallahassee, Florida 32399 -1600 Phone: (850) 488 -4676 , Signature: Property Owner: Name: Mailing Address: Physical Address: Sam eJ Ct S 'Xb0 V Telephone Number: 16E I I ' - ,— 01's - a4ac ©V- �23ci1 25L- 29lo Cellular Phone Number: (2 3 q) 2 S 1— 33 10 E -Mail Address: .r ATTEST:_ DWW4HT E, BROCK, CLERK tt1>st as . o h Miratlw e, 01115 App oval as to form and legal Sufficiency: Jenni er B. White Assistant County Attorney L jo to(I1CY (�D(hcrjoV. od BOARD OF COUNTY COMMISSIONERS OF COLLI OUNTY, FLO DA By: DONN FIALA, CHA M 16EII VIII. Literature Cited U.S. Fish and Wildlife Service. 2003. Red - cockaded woodpecker (Picoides borealis) recovery plan: Second Revision. U.S. Fish and Wildlife Service, Southeast Region, Atlanta, Georgia. 296 pp. 19- ATTACHMENT A TO FLORIDA SAFE HARBOR MANAGEMENT AGREEMENT NO. 2005.001 Evaluation Form Outlining Baseline Responsibilities, Conservation Measures and Conservation Benefits I. Backeround Information A. Date of evaluation: 10/28/2008 B. Tract Name: Nancy Payton Preserve C. Tract Location: 1. County: Collier 2. Tax Map #: 61730440005 3. Latitude: 26° 11' 52" N; Longitude: 81° 40' 2" W D. Tract Owners Name: Collier County Conservation Collier Program Address: 3301 Tamiami Trail E, Naples, FL, 34112 Phone #: 239-252-2961: Fax #: 239 - 793 -3795 E. Contact Person: Christal Segura (Owner_; Employee_; Consultant_; Manager Address: Conservation Collier — Facilities Bldg W 3301 Tamiami Trail E, Naples, FL, 34112 Phone #: 239-252-2495; Fax #: 239 - 793 -3795 II. Baseline Assessment Tract Information A. Total tract acreage: 69 B. Total number of acres enrolled in Safe Harbor: 69 C. Number of active clusters for which Property Owner has 100% responsibility: 0 D. Number of active clusters for which Property Owner has partial responsibility: 0 E. Number of active clusters for which Property Owner has 100% foraging habitat responsibility: 0 ; Total acreage involved: 0 F. Number of active clusters for which Property Owner has partial foraging habitat responsibility: I ; Total acreage involved: 69 G. For each RC W cluster, provide the following information (see separate "RCW Clusters" attachment for providing information on more than 1 cluster): Cluster # Total basal area of pines 10" DBH or greater ( >8 inches DBH in S. Florida slash pine) provided for forage sq. ft. Number of RCWs present Sex & age, if known Total Number of cavity trees Number of active completed cavities _ Number of inactive, but suitable, cavities Number of active starts Number of inactive starts 76E1 H. Identify how the baseline was determined, when and how the baseline surveys were conducted, and whether the baseline was established based on already -known information or other factors: On 10/28/2008, Roy DeLotelle, Collier County staff and FWC Safe Harbor Coordinator Kristina Jackson walked the site looking for RCW cavities. No cavities and no RCWs were seen that day. In recent times, multiple site visits by Collier County staff have been conducted where RCWs were observed. It is believed that local RCWs depend on this land for foraging. Individual(s) who conducted RCW cavity tree surveys: Primary Contact: Rov DeLotelle Phone Number: 352- 871 -3105 Additional Names: Marilyn Knight, US Fish & Wildlife Service Christal Segura — Collier County J. Individual(s) who calculated foraging habitat analysis: Primary Contact: n/a Phone Number: Additional Names: K. Based on the total tract size, current number of active clusters and the associated cluster and foraging habitat, current and /or expected future forest conditions, and the Property Owner's long -term land management objectives, are there opportunities to increase the RCW population on the tract? X Yes No. If yes and the tract is large enough to support at least 10 active clusters, is the Property Owner interested in considering serving as a mitigation bank? Yes No. 2. Neighboring Tract Information — List all known RCW populations by tract/owner name, # of active clusters, and distance (to the closest mile) within 10 miles of Property Owner's property (1) population: Hideout Golf Course, Folio # 61731640008 Size: I cavity tree ; distance: about 500 feet east of property line (2) population: James Cowan, Folio # 61731680000 Size: 2 cavity trees; distance: 584 feet and 760 feet east of property line. (3) population: Antonio Faga TR 00332360007; size: 5 cavities; distance: 2 miles (4) population: Rov S. Claudio 00338400000; size: _l cavity; distance: 1.9 miles (5) population: Vincent Borrero 00339000001; size: 1 cavity; distance: 2.3 miles (6) population: Charlie & Margaret Lunt 00337880003; size: 1 cavity ; distance: 2.4 miles (7) population: Lisa Loiacano 00338720007; size: 3 cavities; distance: 2.6 miles (8) population: Francis & Mary Hussey, Jr. 00342040003; size: 5 cavities; distance: 16E1 III. Conservation Measures to be Implemented (as program funding allows) Note: Check all that apply and fill in the blanks. Prescribed Fire Property Owner agrees to conduct prescribed fires on a regular or recurring basis in occupied RCW habitat that will be maintained or enhanced by the prescribed fire. Property Owner will prescribe burn (acres or %) of the enrolled property every year(s). X Property Owner agrees to conduct prescribed fires on a regular or recurring basis in potentially suitable nesting or foraging habitat and the use of prescribed fire will restore or enhance the areas as RCW habitat. Property Owner will prescribe bum _at least 64 acres or 93% (acres or %) of the enrolled property every 3 -5 year(s). X Property Owner agrees to conduct prescribed fires on a regular or recurring basis in unsuitable habitat, but, in this situation, also agrees to conduct the prescribed fires for a period sufficient for the habitat to either become occupied by RCWs or to become potentially suitable nesting or foraging habitat. Property Owner will prescribe burn at least 64 acres or 93% (acres or %) of the enrolled property every 3 -5 year(s). Forest Management Property Owner agrees to implement timber management practices in occupied RCW habitat that are compatible with RCW habitat requirements on the enrolled property. Silvicultural system(s) used within RCW clusters: Silvicultural system(s) used in foraging habitat: X Property Owner agrees to implement forest management practices that are compatible with RCW nesting and /or foraging habitat requirements in unoccupied but potentially suitable habitat. Practices will include the following: Increase rotation age from years to years in potential nesting habitat over at least 10 contiguous acres. Increase rotation age from years to years in potential foraging habitat over at least 75 contiguous acres. X Plant appropriate native pine (typically longleaf or south Florida slash) and maintain those pines for at least 40 ears. Thin overstocked (greater than 80ft basal area/acre) stands; acres will be thinned to between 40 and 70 f 2 pine basal area. X Property Owner agrees to implement or maintain a forest management strategy or plan that restores habitat to a condition that will, in the future, provide potentially suitable nesting or foraging habitat. Practices will include the following: Increase rotation age from __ years to years in potential nesting habitat over at least 10 contiguous acres. Increase rotation age from years to ___ years in potential foraging habitat over at least 75 contiguous acres. X Plant appropriate native pine (typically longleaf or south Florida slash) and maintain those pines for at least 40 years. Thin overstocked (greater than 80ft basal area /acre) stands; acres will be thinned to between 40 and 70 ftz pine basal area. Hardwood Control Property Owner agrees to reduce /control hardwood basal area and midstory vegetation in occupied habitat on the enrolled property using the following methods: Prescribed burning at a to _ year interval Chemical treatment; List chemicals Mechanical treatment; List methods X Property Owner agrees to reduce /control hardwood basal area and midstory vegetation in unoccupied but potentially suitable RCW habitat on the enrolled property using the following methods: _X—Prescribed burning at a 3 to 5 year interval Chemical treatment; List chemicals X Mechanical treatment; List methods possibly a Posi -trac or Brown Tree Cutter for dense palmetto areas; hand removal of scattered sabal palms X Property Owner agrees to reduce /control hardwood basal area and midstory vegetation in habitat that is unsuitable for a period sufficient for the habitat to either become occupied by RCWs or to become potentially suitable nesting or foraging habitat using the following methods: • Prescribed burning at a 3 to 5 year interval Chemical treatment; List chemicals • Mechanical treatment; List methods possibly a Brown Tree Cutter for dense palmetto areas; hand removal of scattered sabal palms RCW Cavity Installation and Maintenance Property Owner agrees to install artificial cavities in occupied RCW clusters on the enrolled property. Each active RCW cluster must have at least 4 complete cavities in suitable condition. cavities in clusters insert cavities; drilled cavities Property Owner agrees to install cavity restrictors on enlarged cavities such that each cluster has a minimum of 4 complete cavities in suitable condition. 16E 1 restrictors in clusters X Property Owner agrees to install and maintain artificial cavities at appropriate sites on the enrolled property in potentially suitable, unoccupied nesting habitat and at least four (4) complete cavities are installed per site. RCW Population Management Property Owner agrees to provide opportunity for the Commission, USFWS, or a third party to translocate subadults from other properties to the enrolled property. Translocations will involve the following: Potential Breeding Pair(s) (unrelated subadults) Single Male(s) Single Female(s) Property Owner agrees to provide opportunity for the Commission, USFWS, or a third party to translocate subadults into habitat on the enrolled property that is occupied by a single (male or female) RCW. Translocations will involve the following: Potential Breeding Pair(s) (unrelated subadults) Single Male(s) Single Female(s) Property Owner agrees to provide opportunity for the Commission, USFWS, or a third party to translocate subadults from the enrolled property to other properties. Translocations will involve the following: Potential Breeding Pair(s) (unrelated subadults) Single Male(s) Single Female(s) -16f 1 IV. Conservation Benefits 'rhe following conservation benefits to RCWs are expected as a result of implementing the conservation measures identified in this Agreement: Note: the Commission will check all that apply. Occupied RCW nesting and foraging habitat will be maintained at current levels, which will assist in meeting RCW recovery goals and will help maintain population stability. Existing RCW populations will be maintained and enhanced through the installation of artificial RCW nesting and roosting cavities. X New RCW groups will be created through natural population expansion and/or the installation of artificial RCW nesting and roosting cavities and/or translocation efforts on the enrolled property. Other RCW populations will be augmented through translocation of surplus subadult RCWs from the enrolled property to suitable sites. X Suitable RCW habitat will be enhanced, restored, and/or created. X RCW habitat connectivity will increase as a result of habitat enhancement, restoration, and creation efforts. Additional information on RCW population productivity and demographics in Florida will be obtained. X Public support for RCW conservation and endangered species management will increase by demonstrating government agency sensitivity, cooperativeness, and flexibility. Much of the past and current criticism of environmental regulations and private property rights has focused on ESA - related habitat management restrictions. 16`E, V. Implementation Schedule Specify the time frames within which the Property Owner agrees to accomplish the conservation measures agreed upon in this Agreement. For each activity, list the agreed upon dates to accomplish each action: Management Activities to be Implemented A. Activity: reduce halms and palmettos by mechanical means Completion Date: end of calendar year 2008 (Complete) after A is completed B. Activity: I" prescribe bum will occur sometime in the Winter as a dry season burn (weather permitting). A cooler burn is necessary to reduce fuel loads before Switching to growing season burning. Completion Date: end of calendar year 2009 or early 2010 after B is completed C. Activity: prescribe bum at least 93% of property every 3 -5 year Completion Date: every 3 -5 years after first initial bum D. Activity: reduce palms and palmettos using mechanical or chemical means Completion Date: as appropriate; when midstory becomes more than sparse and /or greater than 7ft. in height. Mechanical /chemical reduction will be used before bum routine begins then prescribed fires should be all that is needed to maintain midstory control. E. Activity: thin pine stands Completion Date: as appropriate to maintain stocking at or below 70BA F. Activity: plant south Florida slash pine in areas where wildfire occurred Completion Date: 2013 G. Activity: install artificial cavities Completion Date: Winter 2008 -2009 after hardwood control and/or 1" bum H. Activity: Completion Date: 1. Activity: Completion Date: J. Activity: Completion Date: K. Activity: Completion Date: L. Activity: Completion Date: M. Activity: Completion Date: N. Activity: Completion Date: Attachment B Conservation Collier Nancy Payton Preserve 1 6 E & Baseline Survey Waypoints I 1 Legend b � 0 2B5 90 1,060 Feet Q Nancy Paybn Preserve i AcjaMMRCWtrees Prvab Properly N ,.„- +E WAYPOINT O dmtff am � o ei C 'Mnty W i�LL"'���BBB .c '�V./ � 0 z�ooeanrcbal�a�ervee 2goW S Q &good etifdal cavity tree Folio Number: 61730440005 0 4gootl andival cavAy tree Data Source•. Colller Courty Property Appraber8008•edals O 5-good caviytree a ree(5possibetr%s) Ilrypolets: NJ(FWC) O 6 potental cl usle raree Crered 9y: OIS / Cone tlon Collier/ CS Q Conw t imCollled8lspsise9 uimdproper8esl O 7 -900d a didal CMY tree -185 cbh aehoolb oardelme aedal /SefiXarbocBdinevwyph 12_9_08.mzd 8 )p0 O Date 7310.08 &goad aridicialcavtylrce -200h 0 &big old tree ATTACHMENT B PART 2 CONSERVATION COLLIER Property Identification Number: 61730440005 TAX IDENTIFICATION NUMBER: 61730440005 LEGAL DESCRIPTION: 16 E I ,v ALL OF TRACTS 7, 8, 9 AND 12, AND THE NORTH 82.5 FEET OF THE SOUTH 825.0 FEET OF TRACT 10, NAPLES FARM SITES, INC., ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 34, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SUBJECT TO AN ACCESS EASEMENT OVER, ALONG AND ACROSS THE WEST 30 FEET THEREOF. PAGE 1 of 2 ATTACHMENT B PART 2# OR: 4410 PG: 2589 16EI PROPERTY TAX IDENTIFICATION NUMBER: 61731040006 LEGAL DESCRIPTION: NAPLES FARMS SITES: THE NORTH 165 FEET OF THE SOUTH 330 FEET OF THE EAST HALF OF TRACT 10, SECTION 24, TOWNSHIP 49 SOUTH, RANGE 26 EAST RECORDED IN PLAT BOOK 4 AT PAGE 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND PROPERTY TAX IDENTIFICATION NUMBER: 61730960006 LEGAL DESCRIPTION: 'jV'R COU NAPLES FARMS SITES: cQ�T� THE NOR WEST HA PAGE 341 FLORIDA. AND FEET OF THE ,T BOOK 4 AT I COUNTY, PROPERTY TAX IDENTIFICATION+ lUWEt3ir- 731000004 LEGAL DESCRIPTION: NAPLES FARMS SITES: THE NORTH 247.5 FEET OF THE SOUTH 742.5 FEET OF THE EAST HALF OF TRACT 10, RECORDED IN PLAT BOOK 4 AT PAGE 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Page 2 of 2 � y •�k R 'r� � 'e{c .�" �'F ,yF r�,.�. �F.i tif%taj.�... I,wP! y T i�' � •C sVL l s y• 'i � R '7 1 1 .j 'r :"y -7•i rr yiYj +F7 1`.r R+ 4�..rw.'^r� A � 4r 4 � 1 y H � W � t 1' {l° n ', .Y °a �>•re '4y r+s x" �° "� p 16EI ATTACHMENT D TO FLORIDA SAFE HARBOR MANAGEMENT AGREEMENT Certificate of Inclusion in the Florida Statewide Red - cockaded Woodpecker Safe Harbor Agreement and Enhancement of Survival Permit This certifies that (Property Owner's Name = Property Owner) Collier County Conservation Collier Program , the Property Owner (s) of the property located in Collier County, east of Blue Sage Drive, north of Brantley Blvd (township 49, range 26, section 24), and any future owner(s) of the property, are included within the scope of Enhancement of Survival Permit No.TE 1 13463 -0, issued by the U.S. Fish and Wildlife Service (Service) on (Date) 05/19/2006 to the Florida Fish and Wildlife Conservation Commission (the Commission). This Certificate of Inclusion authorizes the Property Owner to conduct the activities that are specified in Safe Harbor Management Agreement (SHMA) No.003 between the Property Owner and the Commission for the red - cockaded woodpecker (Picoides borealis) (RCW). The Property Owner, and any future owners of the property, are hereby authorized, subject only to the terms and conditions of the Permit and the terms and conditions of the SHMA, to engage in, implement, or otherwise conduct the activities specified in the SHMA on the property even though these activities may result in the incidental taking of the RCW. However, the incidental taking of the RCW shall not result in a diminishment of the Property Owner's baseline responsibilities on the property as specified in the SHMA. Additionally, this Certificate provides the Property Owner with the following regulatory assurances: "If additional conservation measures are necessary to respond to unforeseen circumstances, the Service may require additional measures of the Permittee (and /or participating Property Owners) only if such measures are limited to modifications within the SHMA's conservation strategy for the affected species, and only if those measures maintain the original terms of the SHMA (and Certificates issued therein) to the maximum extent possible. Additional conservation measures will not involve the commitment of additional land, water, or financial compensation, or additional restrictions on the use of land, water, or other natural resources available for development or use under the original terms of the SHMA (and Certificates issued therein) without the consent of the Permittee (and affected participating Property Owner (s))." The Service will have the burden of demonstrating that unforeseen circumstances exist, using the best scientific and commercial data available. These findings must be clearly documented and based upon reliable technical information regarding the status and habitat requirements of the affected species. The Service will consider, but not be limited to, the following factors: Size of the current range of the affected species; v Percentage of range adversely affected by the Agreement; i Percentage of range conserved by the Agreement; r Ecological significance of that portion of the range affected by the Permit; 16E1 Level of knowledge about the affected species and the degree of specificity of the species' conservation program under the Agreement; and Whether failure to adopt additional conservation measures would appreciably reduce the likelihood of survival and recovery of the affected species in the wild. These assurances allow the enrolled Property Owner to alter or modify the enrolled property, even if such alteration or modification results in the incidental take of the RCW to such an extent that the take returns the RCW to the originally agreed upon baseline conditions. These assurances may apply to the entire enrolled property or to portions of the enrolled property as designated or otherwise specified in the SHMA. These assurances are also contingent on the enrolled Property Owner's compliance with the obligations of the SHMA. Further, the assurances apply only to this particular SHMA, only if the SHMA is being properly implemented, and only with respect to species covered by the SHMA. These authorizations and assurances expire on (Date Permit Expires) 12/31/2105 ATTEST: BI�QCK, CLERK Attist !i to Cho �U" • ,liynaturl oa�� Approval as to form and legal Sufficiency: 'a f )b Jennifer B. White Assistant County Attorney (Date) BOARD OF COUNTY COMMISSIONERS OF COLLIER OUNTY, FLORIDA By: _ DO A FIALA, CHAIRMAN ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 E 7 Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The ,( completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date Contact appropriate. n Applic able) 2. _ _ r i 4 + Agen a Item Number Approve by the BCC 3. — - — Type of Document - - - - -- - - - - - -- -- M1 k' '/ Ac i'CUNU' Y "1 t 4. - - -� —._ etc. signed by the County Attorney's Office and signature pages from Attached Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners Chairman and Clerk to the Board and possibly State Officials.) 6. Minutes and Records Clerk of Court's Office All handwritten strike- through and revisions have been initialed by the County Attorney's ; PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff ��" Chri.'if6Cl �t ir- ek_�Fw%, i aOo Phonc Number -o-ot z�2- 7-S� Contact appropriate. n Applic able) Agenda Date Item was _ _ r i 4 + Agen a Item Number Approve by the BCC t-� Type of Document I 3C1 �iv M1 k' '/ Ac i'CUNU' Y "1 t Number of Original etc. signed by the County Attorney's Office and signature pages from Attached Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forrns/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, cresolutions, etc. signed by the County Attorney's Office and signature pages from t contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's ; Office and all other parties except the BCC Chairman and the Clerk to the Board L 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's C _ signature and initials are required. '$ 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval, Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! I: Forms/ County Forrns/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05 16E1 MEMORANDUM Date: February 27, 2009 To: Christal Segura Facilities Management From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Fire Agreements Attached, please find one (1) original of the documents referenced above, (Agenda Item #16E1), approved by the Collier County Board of County Commissioners on Tuesday, February 24, 2009. Please forward for additional signatures and return a fully executed original back to the Minutes and Records Department to be kept in the Board's official records. If you should have any questions, please call 252 -8411. Thank you. Attachments (1) 16E1 Safe Harbor Management Agreement for Florida's Statewide Red - cockaded Woodpecker Safe Harbor Program L Introduction This Safe Harbor Management Agreement (SHMA), effective and binding on the date of last signature below, is between the Florida Fish and Wildlife Conservation Commission ( "Commission ") and the participating Property Owner, Collier County on behalf of the Conservation Collier Program (Property Owner) (herein referred to as the Parties). This SHMA is subject to all terms and conditions in the Florida Statewide RCW Safe Harbor Agreement (FL RCW SHA) between the United States Fish and Wildlife Service ( "Service') and the Commission and the Enhancement of Survival Permit ( "Permit ") both of which are incorporated herein and made a part of this SHMA by reference. Agreement /Tracking Number: (the Commission shall provide a tracking number for each SHMA it enters into) Agreement Duration: The duration of this SHMA is for 97 years. This time period is believed sufficient to allow a determination that the net conservation benefit(s) specified in the SHMA will be met. This SHMA covers the following property: The real property covered by this SHMA ( "Enrolled property ") is described in Attachment A of this document and delineated in Attachment B to this SHMA. This Agreement covers the following species: The Red - cockaded woodpecker (Picoides borealis) ( "RCW "), a federally endangered species, is the only species for which incidental take authority is sought. This species is considered the "covered species" as defined in the Service's Safe Harbor Policy (published at 64 FR 32717) (herein referred to as the "Policy "). II. Purpose The purpose of this SHMA is for the Parties to collaborate in order to implement management activities for the RCW on the Enrolled property that will provide a net conservation benefit to the RCW in the State of Florida. Under this SHMA, the Property Owner agrees to undertake the activities and procedures described herein on the Enrolled property for the benefit of the RCW. In accordance with the FL RCW SHA and the associated Permit, the Property Owner is authorized to carry out lawful activity on the Enrolled property that may result in the incidental take( of RCW(s) or RCW habitat that is above the Property Owner's baseline responsibilities. 1 An incidental take is the `take" of any federally listed wildlife species that is incidental to, but not the purpose of, otherwise lawful activities (see definition of `take" on page 13) [ESA section 10(a)(1)(13)]. For example, deliberately shooting or wounding a listed species would not be considered an incidental take. Conversely, the destruction of endangered species habitat for development generally would be construed as incidental and would be authorized by an Incidental Take Permit. 16E For more information on incidental take see Section IV.C., below. III. Net Conservation Benefits The Property Owner's voluntary management activities will provide one or more of the following expected conservation benefits to RCWs: 1. Maintain occupied nesting and foraging habitat at current levels and help maintain population stability. 2. Increase existing populations through the installation of artificial nesting and roosting cavities. 3. Create new groups and populations through natural population expansion and translocation efforts. 4. Augment populations through translocation of surplus subadults to acceptable sites. 5. Enhance, restore, and/or create suitable habitat on enrolled properties. 6. Decrease pine forest fragmentation and increase habitat connectivity as a result of habitat enhancement, restoration, and creation efforts. The above specific net conservation benefit(s) will be provided to the RCW by the management activities of the Property Owner, as set forth in the Evaluation Form (Attachment A). The expiration date of the signed SHMA and Certificate of Inclusion ( "Certificate ") will be no later than the expiration date of the Permit, which is 12/31/2105. A Property Owner will have the option to sign up for shorter periods of time as long as a net conservation benefit can be established during their requested SHMA duration. IV. SHMA Implementation A. Conservation Strategy On one or more mutually agreeable areas, the Property Owner agrees to enhance habitat for RCWs by allowing or providing for one or more of the following management activities: 1. Prescribed burning. 2. Implement forest management practices that enhance habitat for existing baseline groups or provide habitat for additional groups of RCWs (thinning, longer rotations, regeneration that favors native pine species). 3. Providing hardwood midstory control 4. Install artificial cavities in baseline and/or recruitment clusters. 5. Population management. The above conservation strategy will be provided to the RCW by the management activities of the Property Owner, as set forth in the Evaluation Form (Attachment A)z. 2 The Property Owner has described the nature, extent, timing, and other pertinent details of the management activities that the Property Owner will voluntarily undertake to provide a net conservation benefit, including a schedule for implementation. The Property Owner has described how the management activities will benefit the RCW. 2- B. Baseline Considerations Baseline Conditions 16E The baseline conditions that will be maintained on the Enrolled property are described in the Evaluation Form (Attachment A). The baseline will also include a description of the required foraging habitat (total basal area and acres) for each group or active cluster. Appropriate maps depicting foraging partitions for each baseline cluster will also be included. Using the proper surveys, described below, the Property Owner may differentiate the number of active clusters into potential breeding groups and solitary bird (typically male) groups. Determining Baseline Conditions The first step in determining the baseline conditions is to determine if suitable RCW habitat exists or if a known RCW group exists within one - half -mile of the property (at the discretion of the Commission, Property Owner knowledge may be the basis for determining the distance to known sites on neighboring properties). Suitable habitat consists of pine or pine- hardwood (50 percent or more pine) stands 30 years of age or older (USFWS 2003). If this type of habitat is not present, and there are no RCW groups within one - half -mile of the property, further assessment is not necessary, and the Property Owner's baseline will be zero. If a RCW group exists within one - half -mile of the Property Owner's property and the Property Owner has the responsibility of maintaining a portion of the habitat for the RCW cluster, as required by the ESA, that portion of habitat will be incorporated into the Property Owner's baseline. If suitable habitat is present, the Property Owner will determine if RCW groups exist. To determine if RCW groups exist, the Property Owner will conduct surveys for cavity trees in stands that contain suitable nesting habitat. Red - cockaded woodpeckers select and require old - growth pines for cavity excavation. Age of cavity trees depends on the ages of pines available, but there is a minimum age, generally 60 to 80 years, depending on tree and site factors (USFWS 2003). Old - growth pines are relatively rare throughout the south and remnants (both single trees and stands) within today's forests are critically important habitat (USFWS 2003). Property Owner properties that must be surveyed for RCW cavity trees include: I . Pine and pine- hardwood stands over 60 years of age. 2. Pine and pine- hardwood stands under 60 years of age containing scattered or clumped old- growth (over 60 years of age) pine trees. 3. Hardwood -pine over 60 years of age adjacent to pine and pine- hardwood stands over 30 years of age. 4. Pine stands containing sawtimber, including stands thought to be generally less than 60 years of age but containing scattered or clumped trees over 60 years of age. 3- 16E 1. RCW Surveys Unless all Parties have previously agreed upon the Property Owner's baseline, a baseline survey will be conducted by the Property Owner within one (1) year prior to the SHMA to inventory all existing groups to establish baseline responsibilities. Surveys for RCWs will follow the protocol described below. The survey will only include RCWs, unless the Property Owner specifically requests other species to be surveyed. Accurate surveys are essential for determining baseline conditions. To limit undetected cavity trees and misjudged activity status, qualified personnel should be used to conduct baseline surveys. Baseline numbers are subject to approval by the Commission and the Service. The Property Owner is responsible for any costs associated with surveys (baseline or supplemental). The results of the surveys done shall be the property of the Property Owner and shall be used only at the Property Owner's discretion. However, no SHMA will be signed until the baseline survey is reviewed and approved by the Commission. Supplemental surveys as specified in Section IV.0 that are required prior to activities that may result in incidental take must be submitted to the Commission at least 60 days prior to commencing such activities. The Property Owners shall identify how the baseline was determined, when and how the baseline surveys were conducted, or if the baseline was established based on already -known information or other factors. Potential nesting habitat (pines greater than or equal to 60 years old) is surveyed by running line transects through stands and visually inspecting all medium —sized and large pines for evidence of cavity excavation by RCWs. Transects must be spaced so that all trees are inspected. Necessary spacing will vary with habitat structure and season from a maximum of 100 yards between transects in very open pine stands to 50 yards or less in areas with dense midstory. Transects are run north- south, because many cavity entrances are oriented in a westerly direction (USFWS 2003). When cavity trees are found, their location is recorded in the field using a Global Positioning System unit, aerial photograph, and /or field map. Activity status, cavity stage (start, advanced start, or complete cavity), and any entrance enlargement are assessed and recorded at this time. If cavity trees are found, more intense surveying within 1500 feet of each cavity tree is conducted to locate all cavity trees in the area. Cavity trees are later assigned into clusters based on observations of RCWs as described below. Property Owners that wish to differentiate the number of active clusters in their baseline into the number of potential breeding groups and the number of solitary male groups will be required to complete group checks as described in the Recovery Plan (USFWS 2003). To perform group checks, trained and qualified personnel must track or "follow" each group for a half an hour to an 3 Property Owners that agree to implement management activities to enhance RCW populations or territories on their property prior to the availability of this SHMA may establish a baseline with the approval of the Commission and the Service. The Property Owner must receive concurrence with the baseline assessment from the Commission and the Service. However, concurrence with the baseline assessment in no way guarantees participation or acceptance in the Agreement - -4- 16E hour, immediately after the birds exit their cavities in the morning, to determine group size. Group size is determined by observation of bird behavior and groups are classified as: a) two or more birds, b) a solitary bird, or c) no birds. Groups of two or more birds that remain together and peacefully interact are assumed to represent potential breeding groups. The Commission and the Service will ensure that Property Owners accurately classify RCW groups. Groups roosting extra - territorially in clusters occupied by one or more residents, captured clusters, and territorial conflicts can confuse the observer and result in erroneous group classification. If any doubt as to group membership exists, the Commission will require the "follow" (described above) to be repeated and /or the "follow" time to be increased until all doubt as to the group membership is removed. Two observers may be necessary if two clusters are located very close together or if cavity trees within a cluster are spread over a large area. Group checks are valid only if implemented during the breeding season. Groups of two or more birds at other times of the year may or may not represent potential breeding groups. The group check method is labor intensive (one group per observer per day at best) and complete population censuses are possible only in small populations or with multiple observers. Property Owners unwilling or unable to perform group checks will assume each active cluster is occupied by a potential breeding group for their baseline responsibility. 2. Baseline Responsibilities The baseline responsibilities of the Property Owner are to provide all the overstory necessary to maintain the cavity trees and the foraging area for all RCW groups discovered by a baseline survey of the Enrolled Property 4. Baseline responsibilities may include providing foraging areas for known groups on neighboring lands as described below in Section IV(F). If no groups are discovered during the baseline survey and there are no known groups on neighboring lands, there are no baseline responsibilities. Specifically, the Property Owner's baseline responsibilities as derived from the Service's guidelines for managed stability set forth in Appendix 5 of the RCW Recovery Plan, 2 "d Revisions (USFWS 2003), are to: 1. Mark all trees containing complete and incomplete cavities (i.e. cavity trees) in baseline clusters and take reasonable precautions when conducting silvicultural, prescribed burning, 4 The Property Owner will provide a complete description of the agreed upon baseline inventory. This description will include; when and how the baseline surveys were conducted, maps of the survey area, and location, cavity stage and activity status of all RCW cavity trees, if applicable. 5 The Commission and the Service will not require the Property Owner to abide by more strict habitat requirements for baseline groups of RCWs should the Service revise the guidelines for managing RCWs on private lands. Should the habitat requirements be reduced, this agreement will be modified to reflect the new guidelines. 6 Reasonable precautions world include, but are not limited to, directional felling away from cavity trees, logging during dry conditions to minimize soil compaction, careful log removal to avoid scraping or otherwise damaging residual trees, careful prescribed burning to minimize the risk of igniting cavity trees, avoidance of skidding near cavity trees, and avoidance of fire line plowing near cavity trees. 7 Precautions should be taken to minimize the risk of igniting cavity trees -- examples include raking litter away from the base of cavity trees (10 -20 feet depending on fuel load), wetting cavity trees or limiting burning to high moisture conditions. 5- 16F1 or other activities within baseline clusters to protect cavity trees that are part of the baseline from injury or timber harvest. Any active cavities damaged by prescribed fire will be immediately replaced within the cluster boundaries by installing two artificial cavities (inserts or drilled). The Commission and the Service must review on a case -by -case basis the removal of any active or inactive cavity tree. In the event that the location of any active cavity tree(s) changes over time such that one or more cavity tree(s) becomes established within a construction area, the Property Owner may be allowed to remove those cavity trees outside of the nesting season (August- March). For each active cavity tree removed in the construction area, a minimum of two artificial cavities (drilled or inserts) must be installed elsewhere on the lot (at least 200 feet from the building site) four months prior to initiation of construction. 2. Manage each cluster as a timber stand comprising at least ten contiguous acres, if currently present on the Property Owner's land, with the purpose of retaining potential cavity trees (pines greater than 60 years of age). If ten contiguous acres are not currently present on the Property Owner's land, the Property Owner will retain all of the potential cavity trees within the cluster. 3. Maintain cluster boundaries of at least 200 feet from cavity trees. 4. Provide at least 50 feee of basal area per acre in pine trees >I0 inches in diameter at breast height (DBH) in active baseline clusters if the trees are currently present on the Property Owner's land or when they become available. On property where south Florida slash pine is the predominant pine species, basal area requirements are for pine trees >8 inches DBH. Small areas of regenerating trees that exceed 70 feet of basal area per acre may be retained within a cluster provided RCW cavity tree entrances are not obstructed by the regenerating trees. 5. Maintain the midstory vegetation within RCW clusters in an "open" condition by prescribed burning, precommercial thinning, or other means by ensuring that 1) no hardwood midstory exists or if a hardwood midstory is present it is sparse and less than 2.1 in (7 feet.) in height and 2) canopy hardwoods are less than 10 percent of the number of canopy trees. 6. Provide at least 3000 feet of basal area in pine trees (including the trees in the cluster) >10 inches DBH ( >8 inches DBH in S. Florida slash pine) for foraging habitat on a minimum of 75 acres8, if the trees are currently present on the Property Owner's land. If 3000 feet of basal area of pine trees >10 inches DBH is not available for foraging habitat ( >8 inches DBH in S. Florida slash pine), the Property Owner will maintain the existing pines inside the foraging area and provide the 3000 feet of basal area of pine trees >10 inches DBH as soon as possible. 7. Conduct timber harvesting within the active baseline clusters only between August 1 and March 31, or as otherwise approved by the Commission. If there is a need to harvest timber within an active cluster outside this window of time, the Property Owner should notify the Commission 60 days in advance of the desired starting harvest date. The Commission will determine the stage of nesting activity within the cluster and advise the Property Owner of appropriate precautions. Timber harvesting cannot be permitted during nest initiation, while the female is in the process of laying eggs, while the nesting cavity contains viable eggs or young, or until the fledglings are capable of sustained flight. Possible exceptions to this are 8 Foraging habitat for each RCW group must be contiguous to the cluster stand with no gaps between stands exceeding 200 feet. -6- 16E emergency harvest as described in Section IV.E., below, due to insect infestations, natural disasters, or other disasters. 8. Cannot construct any new roads and /or utility right of ways within active baseline clusters. 9. Provide reasonable protection for RCW groups from human activities that could incidentally cause injury or death in active baseline clusters. 10. Provide the Commission and the Service the opportunity to review proposed timber sales at least 60 days in advance of the desired starting harvest date to ensure that the baseline responsibilities discussed above in this section will be met. As part of the review, documentation of before and after harvest foraging availability for each RCW baseline group will be provided by the Property Owner to the Commission. 3. Baseline Responsibility for Foraging Habitat for Clusters on Neighboring Lands Where a RCW group exists within one - half -mile of the Enrolled property and the Property Owner has the responsibility for maintaining a portion of the foraging habitat for that RCW cluster, as required by the RCW Recovery Plan, 2 "d Revision, that portion of the foraging habitat will be incorporated into the Property Owner's baseline. The map, which is Attachment C to this SHMA, shall identify known non - Enrolled property RCW groups for which the Property Owner agrees to provide habitat as part of the Property Owner's baseline responsibilities. The Evaluation Form (Attachment A) of this document sets forth the Property Owner's responsibilities with respect to providing foraging habitat for such non - Enrolled property groups. 4. Baseline Adjustment a. Loss of Baseline Groups In spite of management and protection efforts, there may be circumstances, through no fault of the Property Owner, where groups that gave rise to the Property Owner's baseline responsibilities cease to exist on the Enrolled property. If RCW baseline groups cease to exist on the Enrolled property, the Enrolled property Owner will not be held accountable for the loss of the RCW baseline groups provided the following have occurred: 1. The RCW groups have remained absent from the Enrolled property for a minimum of five years; 2. The RCW cluster remains inactive for a minimum of five years; and 3. The loss of the RCW baseline group occurred through no fault of the Property Owner and in spite of total compliance with the SHMA. A Property Owner's RCW baseline can be reduced for each RCW group that meets all of the three criteria listed above. The Property Owner must request a baseline reduction from the Commission in writing. The Property Owner must allow the Commission and /or the Service access to the Enrolled property to conduct an investigation, if the Commission and /or the Service so choose. If the Commission and /or the Service determine the group is eligible for removal from the baseline, the Commission will modify the SHMA and Certificate to reflect the change in baseline responsibilities. The Enrolled property will not obtain a reduction in baseline if a RCW group moves to a new cluster on the same Enrolled property. The Enrolled property can 7- 16E1 get a reduction if a cluster moves onto neighboring property as long as the criteria above are followed. A Property Owner may be required, however, to provide foraging habitat if the owner on the neighboring property is unable or unwilling to do so. b. Shifting Baseline RCW baseline responsibilities will be associated with specific active clusters in existence at the time the Property Owner enters into the SHMA. Property Owners may, with the Commission's consent, shift their baseline responsibilities to a new active cluster that has formed on their property subsequent to the signing of the SHMA. When a new active cluster is formed on an Enrolled property, it may replace any other cluster harboring a group of similar or lesser demographic status (i.e., potential breeding pair can replace solitary bird or same sex groups) that was within the Property Owner's original RCW baseline responsibility as long as the following conditions are met: 1. The Property Owner is in total compliance with the SHMA. 2. The Property Owner has maintained his/her baseline as specified in the SHMA. 3. The Property Owner has replaced: a. A baseline potential breeding group with another potential breeding group, or b. A baseline solitary bird group is replaced with either a potential breeding group or another solitary bird group of the same sex. 4. The Property Owner has replaced a baseline potential breeding group with an above - baseline potential breeding group that has been in existence for at least six months, including a breeding season (April to July), prior to the replacement. 5. The Property Owner has replaced baseline clusters with above - baseline clusters and will provide suitable nesting and foraging habitat as defined in the guidelines for managed stability set forth in Appendix 5 of the RCW Recovery Plan, 2nd Revision (found in this document in Sections IV.B.2. Baseline Responsibilities and IV.B.5. Management Activities). If other groups are present within the Enrolled property, replaced groups are located so that they can physically contact the other groups that are present on the Enrolled property. 6. The Property Owner has replaced solitary bird groups prior to replacing potential breeding groups when possible. 7. The Property Owner will be required to maintain the entire foraging and nesting habitat needed for the new group. The Commission must concur in writing prior to a Property Owner's shifting his or her RCW baseline requirements from one group to another. The Commission's approval is required because of those circumstances in which maintenance of the original cluster is necessary in order to maintain contiguity of habitat, dispersal habitat, or other desirable features of the landscape or population. Where possible, flexibility will be used by the Commission with concurrence from the Service. Upon the Commission's concurrence to transfer RCW baseline responsibilities, sufficient documentation (i.e. maps reflecting change) of the shift in baseline will be placed in the Enrolled property's file with the Commission. 9 If the baseline is defined as the number of active clusters, supplemental monitoring will be required to establish group composition. g. 16E1 5. Management Activities for Baseline RCW Groups The Property Owner agrees to undertake activities to maintain and enhance the habitat (foraging and nesting habitat) of all active baseline groups indicated on the map labeled Attachment B and described in the Evaluation Form (Attachment A). Manage active baseline clusters as follows: a. Overstory stocking in a cluster will be maintained between 50 and 80 feet2 of pine basal area per acre (> 10 inches DBH; >8 inches DBE in S. Florida slash pine) if the trees are currently present or when they become available. Small areas of regeneration may occur within a cluster provided cavity entrances are not obstructed. b. Hardwood basal area in a cluster will be maintained below 10 feet2 of basal area per acre. All hardwoods within 50 feet of cavity trees will be removed. c. Maintain a minimum average spacing of 25 feet between trees within the cluster, except where closer spacing already exists. d. No hardwood midstory or if a hardwood midstory is present, it is sparse and less than 7 feet in height10. 2. Maintain at least the minimum foraging habitat of 3000 feet2 of basal area in pine trees that are at least 30 years old with a DBH > 10 inches ( >8 inches DBH in S. Florida slash pine) on a minimum of 75 acres for each active baseline cluster as follows: a. Overstory stocking for foraging habitat will be maintained between 40 feet2 and 80 feet2 of basal area per acre. Stands managed on an uneven -aged basis may have patches of regeneration or residual stands of older trees higher than 80 feet2 of basal area per acre. b. Average pine basal area of pines < 10 inches ( <8 inches in S. Florida slash pine) will be maintained below 20 feet2 per acre. c. Total stand basal area, including overstory hardwoods, will not exceed 80 feet2 per acre. d. No hardwood midstory or if a hardwood midstory is present, it is sparse and less than 7 feet in height. Allow the Commission and/or the Service, if it so chooses, to translocate surplus subadult RC Ws off the Enrolled property to augment other populations if such removal of subadults will not affect the Property Owner's baseline responsibilities. C. Incidental Take of Above - baseline Groups and /or Foraging and Nesting Habitat The participating Property Owner under a SHMA and Certificate will be allowed to develop, harvest trees upon, or make any other lawful use of his /her property, even if such use results in the incidental take of RCWs or RCW habitat provided all of the following qualifications are met: 10 The RCW Recovery Plan's guidance on hardwood midstory given in the RCW recovery plan reters to the hardwood midstory as a whole, which allows some flexibility for individuals so that midstory may exceed 7 feet in height. The term 'sparse" is used to describe the midstory of-desirable RCW foraging habitat. A more subjective habitat assessment (i.e., sparse) allows land managers flexibility to account for the variability found within most forested systems. Additionally, prescribed burning and other activities to reduce brush and undecstory competition will be required no more than once every other year after understory is under control. -9- 16E 1. The Enrolled property Owner must be in total compliance with the SHMA; 2. The Enrolled property Owner must have maintained his or her RCW baseline as specified in the SHMA; 3. RCWs may not be shot, captured, or otherwise directly taken; 4. The take is incidental to otherwise lawful activities; 5. The Enrolled property Owner must conduct a supplemental survey immediately (no more than 180 days but no less than 60 days) prior to any activity, which may result in the incidental taking of above- baseline RCWs or RCW habitat and provide the Commission with the results of the survey 60 days prior to the commencing of this activity. Only the specific area that will be affected requires this supplemental RCW survey. No surveys will be required within one year of the baseline survey, unless recruitment clusters have been established in the area that will be affected by this activity; 6. Proposed activities that could result in the incidental take of RCWs must take place only during the non - reproductive season (August 1` through March 31" of following year) unless otherwise authorized by the Commission; and 7. The Enrolled property Owner shall not undertake any activity that could result in incidental take of RCWs until the Property Owner has provided the Commission with at least 60 days written notice of the Property Owner's intention to conduct such activity to allow the Commission, the Service and /or their agents the opportunity to translocate the affected RCW group(s) to a suitable recipient site. Notwithstanding the 60 -day notice requirement, the Property Owner should provide as much notification to the Commission as possible. Upon receipt of the requested notice, the Commission, the Service and /or their agents shall give a consolidated effort to respond to the Property Owner's notice. However, should the Commission, the Service and /or their agents fail to respond to the Property Owner within the 60 -day time frame, the Property Owner may proceed with the proposed activity. Activities that would or could result in take include, but are not limited to: any activities occurring within a cluster during the RCW breeding season, any timber harvesting within a cluster, any timber harvesting within foraging habitat that reduces basal area in pine trees >10 inches DBH below 3000 feetz (on property where south Florida slash pine is the predominant pine species, basal area requirements are for pine trees >8 inches DBH), application of forest chemicals within a cluster, new road construction within or near a cluster, and any new building construction within or near a cluster. The Property Owner agrees to contact the Commission and /or the Service to determine if a proposed activity may result in take of RCWs. Prescribed burning and installation of artificial cavities is allowed during the nesting season as necessary for the continued survival of the group and will not require notification. D. Monitoring and Reporting For the duration of the SHMA the Property Owner agrees to provide an annual monitoring report by January 15 of each year to the Commission (Attachment E) that describes the general monitoring process, the implementation and results of the agreed upon management activities, io- 16E and the occurrence of any incidental take of RCWs. Annual monitoring reports will also document any changes in the condition of RCWs and /or their habitat. Specifically the Property Owner agrees to: 1. Identify the monitoring schedule as follows: a. Submit monitoring reports and denote whether data is provided from the Property Owner, professional scientist or other specific individual or entity. b. Identify when the agreed upon management activities were or will be implemented and when the results were or will be evaluated. 2. Describe the implementation of the management activities as follows: a. Identify which management activities the Property Owner agreed to provide for the annual monitoring period. b. Identify which management activities were provided during the annual monitoring period. c. Discuss any problems with the implementation of the management activities during the monitoring period. 3. Describe any incidental take, which occurred during the reporting period including: a. A description of the land -use activities that may result in incidental take of RCWs. b. A discussion of the actual or potential incidental take expected for above - baseline RCWs and/or habitat. c. A description of the activities that returned or would be expected to return the Enrolled property to baseline conditions. 4. Describe any new or above - baseline clusters discovered during the reporting period including: a. A description of the management activities associated with the new or above - baseline clusters. b. A map with the new cluster's location. c. A description of the cluster (i.e. total number of cavities, age, species, and DBH of cavity trees). E. Emergency Salvage Harvest Situations Emergency situations, such as natural disasters or insect infestations, may require that emergency (salvage) harvesting of timber on the Enrolled property begin with less than the 60 -day notice set forth in the preceding section IV(C). For above - baseline groups, the Property Owner shall notify the Commission by written certified notice at least three days prior to conducting an emergency harvest. The Commission, the Service, and /or their respective agents shall have this three -day time period to translocate above - baseline impacted birds. The Property Owner shall not initiate such harvest until three days after the Commission has received notice. For emergency situations involving baseline groups /clusters, the Property Owner will notify the Commission and /or the Service before emergency (salvage) harvesting begins. The Commission and the Service will evaluate each case on an individual basis, and both the Commission and the Service must concur on the appropriate management actions 16E F. Neighboring Property Owners' Responsibilities The Commission and the Service recognize the implications to neighboring property owners of the successful implementation of management actions on enrolled lands. Further, the Commission and the Service recognize and acknowledge that some Property Owners may be reluctant to initiate management actions that may have land, water, and /or natural resource use implications to neighboring Property Owners. The implications to neighboring Property Owners with non- enrolled lands will be assessed on a case -by -case basis. For example, when the Commission and the Service believe that occupation of non - enrolled neighboring lands is likely, the Commission will make every effort to include the neighboring Property Owner in the FL RCW SHA through an SHMA and Certificate, thus extending the Safe Harbor assurances. The Policy allows the Service to use the maximum flexibility allowed under the ESA in addressing neighboring properties not covered under Safe Harbor Agreements and their associated SHMAs. The Policy also allows flexibility with regard to associated incidental take authorizations, including, but not limited to, granting of incidental take to neighboring Property Owners where occupation of their lands is expected as a result of an SHMA. However, this does not mean that neighboring Property Owners fitting this scenario will be automatically given incidental take authorization if listed species occupation occurs. G. Successors in Interest Property Owners who enter into SHMAs with the Commission shall have the right to transfer their rights and obligations under the SHMA to non - federal entities in conjunction with the conveyance of all or part of the Enrolled property and within the limits set forth in this section. A Property Owner is required to notify the Commission by written certified letter at least 30 days in advance of any conveyance of the Enrolled property whether in whole or part or as soon as practicable, but prior to such conveyance. If the Enrolled property Owner conveys ownership of all of the Enrolled property, the Commission and the Service will regard the new Property Owner as having the same rights and obligations as the previously Enrolled property Owner under the SHMA and the associated Certificate, if the new property owner agrees in writing to accept the transfer of SHMA rights and responsibilities and signs an amendment to the SHMA making the new property owner a party to the original SHMA within 90 days of the conveyance. If the new Property Owner attempts to do so more than after 90 days after the conveyance, the Commission and the Service may allow such a transfer in their sole discretion. Upon becoming a party to the original SHMA, actions taken by the new property owner that result in the incidental take of above - baseline RCW group(s) would be authorized if the new Property Owner maintains the terms and conditions of the original SHMA and the associated Certificate. If the new Property Owner does not become a party to the SHMA, the new Property Owner would neither incur responsibilities under the Agreement nor receive any safe harbor assurances relative to this Agreement. If a new Property Owner agrees to become a party to the original SHMA and associated Certificate, the new Property Owner will only be bound to undertake the original baseline responsibilities. 12- 16E1 If the Enrolled property Owner conveys ownership of a portion of the Enrolled property, the Enrolled property Owner may continue to operate under the existing SHMA; however, the SHMA must be amended to redefine the Enrolled property and the number of active clusters on the newly defined Enrolled property. If the new Property Owner enters into a SHMA within 90 days of the conveyance of the portion of the Enrolled property, that SHMA shall limit baseline responsibilities to those for which there were baseline responsibilities under the previous SHMA, thus, effectively transferring the baseline for the conveyed portion of the Enrolled property. If the new Property Owner attempts to enter into a SHMA more than after 90 days after the conveyance, the Commission and the Service may allow such a transfer in their sole discretion. The Property Owner bears sole responsibility to inform their successor(s) in interest or potential buyers about enrollment of the listed property in the SHMA. However, after any notification of change in ownership of the Enrolled property, the Commission, at its discretion, may attempt to contact the new or prospective Property Owner to explain the baseline responsibilities applicable to the property and determine whether the new Property Owner will become a party to the original SHMA, enter a new SHMA, or cease enrollment. If the new Property Owner agrees to the terms of the SHMA in writing, the baseline will remain the same in the new SHMA. H. Regulatory Assurances The Service and the Commission shall, through the Florida RCW SHA and its associated Permit, grant regulatory assurances to Property Owners in good standings through Certificates of Inclusion. These assurances are as follows: "If additional conservation and mitigation measures are deemed necessary, the Service may require additional measures of the enrolled landowner, but only if such measures are limited to modifications within conserved habitat areas, if any, for the affected species and maintain the original terms of the SHMA to the maximum extent possible. Additional conservation and mitigation measures will not involve the commitment of additional land, water or financial compensation or additional restrictions on the use of land, water or other natural resources otherwise available for development or use under the original terms of the SHMA without the consent of the Enrolled property Owner. These assurances allow the Enrolled property Owner to alter or modify the Enrolled property, even if such alteration or modification results in the incidental take of the RCW to such an extent that the take returns the RCW to the originally agreed upon baseline conditions. These assurances may apply to the entire Enrolled property or to portions of the Enrolled property as designated or otherwise specified in the SHMA. These assurances are also contingent on the Enrolled property Owner's compliance with the obligations of the SHMA. Further, the assurances apply only to this particular SHMA, only if the SHMA is being properly implemented, and only with respect to species covered by the SHMA." 1. Other Federally - listed Species Although the Commission and the Service regard it as unlikely, the possibility exists that other listed, proposed, or candidate species, or species of concern may occur in the future on the 11 - 16'1° Enrolled property as a direct result of the management actions specified in the Evaluation Form (Attachment A). If that occurs and the Property Owner requests, the Commission and the Service may agree to amend the FL RCW SHA and associated SHMAs to cover additional species and to establish appropriate baseline conditions for such other species. Surveys for other federally listed species will not be required of SHMA participants. However, according to Section 9 of the ESA, Property Owners will be subject to restrictions against "take" of any federally listed animal not covered by their Certificate. The term "take' as defined by the ESA, means to harass, harm, pursue, hunt, kill, trap, capture, or collect, or to attempt to engage in any such conduct. Federally listed plants are considered legal property of the Property Owner and according to the Policy, are not subject to "take" restrictions. If other federally listed species are known to exist on the enrolling property, then the Commission and the Service will consult with and assist the Property Owner in tailoring his/her management actions to avoid take and to minimize any disturbance of these species. The Enrolled property Owner shall notify the Commission in advance of any activity covered by the SHMA that may potentially impact any federally - listed wildlife species other than the RCW in order to be advised of ways to avoid incidental take of that species and/or to obtain an incidental take permit or an incidental take statement to cover the potential take of that species. The Enrolled property Owner shall notify the Commission at least 60 days in advance of any activity that may result in the destruction of any federally - listed, proposed, or candidate plant species known to occur on the Enrolled property and shall provide the Commission with an opportunity to remove the affected plants, where appropriate to do so, to sites that are outside of the Enrolled property or, with the Property Owner's written permission, to other sites within the Enrolled property. J. Obtaining Other Necessary State and Federal Permits The Property Owner agrees that he /she and /or his /her agent must obtain any necessary state or federal permits for activities such as capturing, banding, reintroducing, etc. of RCW(s), if such is planned. The Property Owner agrees to provide a list of the names of permit holder(s) for these activities and the corresponding permit number(s) to the Commission prior to the Property Owner engaging in any such activities on the Enrolled property. V. SHMA Management A. Termination of SHMA 1. By the Property Owner The Property Owner or its enrolled successor in interest must give the Commission 60 days written notice, by certified letter, of his /her intent to terminate this SHMA and must give the Commission and /or the Service an opportunity to relocate individuals of the covered species within 30 days of such written notice. As provided for in Part 12 of the Policy, a Property Owner may terminate a SHMA prior to the expiration date of the SHMA for circumstances iee 16E1 beyond the Property Owner's control. Provided that the baseline conditions have been maintained, the Property Owner, subject to the previously mentioned notice requirement and opportunity to relocate individuals of the covered species, may return the Enrolled property to baseline conditions, even if the expected net conservation benefits have not been realized. If the Property Owner is unable to continue implementation of the management activities, plans and stipulations of this SHMA, whether due to catastrophic destruction of the species population numbers or habitat or due to unforeseen hardship, the Property Owner must relinquish his/her Certificate of Inclusion to the Commission. Species management on the Property Owner's property would return to its status prior to the signing of this SHMA (i.e., original baseline). If a Property Owner has not returned his /her property to baseline conditions at the time of termination of his/her SHMA, and the number of RCW groups has increased, the additional groups will be protected by the take prohibitions of Section 9 of the ESA because the Property Owner's take authorization (via the Certificate of Inclusion) will have become invalid upon termination of the SHMA. If the Property Owner terminates an SHMA for any other reason, the Certificate of Inclusion shall immediately cease to be in effect. 2. By the Commission and the Service The Commission has the right to terminate this SHMA where the Property Owner is found to be in non - compliance with the terms and conditions of this SHMA. If the Property Owner is found to be in non - compliance with this SHMA, the Commission will issue a written letter of non- compliance to the Property Owner. The Property Owner shall have 60 days from receipt of the letter to rectify the non - compliance issue(s). If the issue(s) is not resolved to the satisfaction of the Commission by the end of the 60 -day period, the Commission shall terminate this SHMA and the associated Certificate, which contain the regulatory assurances. Should the Property Owner fail to comply with the terms of this SHMA, and the Commission is unwilling and /or unable to terminate this SHMA, the Service reserves the right to utilize the provisions of the previous paragraph of this section at its discretion or to review and /or terminate this SHMA. 3. By Termination of the Florida RCW SHA Should the Service or the Commission terminate the Florida RCW SHA, this SHMA shall also terminate concurrently with the effective date on which the Florida RCW SHA and associated Permit are terminated. B. Access to Enrolled property The Property Owner shall grant access to the Commission at least annually to verify that the conditions of the SHMA are being upheld, to assess the condition of the baseline groups and any new RCW group(s) that have been discovered, and to measure, monitor, and tag/band individual RCWs as appropriate. The Commission shall give the Property Owner reasonable notice (generally 30 days) of these visits and may be accompanied by the Property Owner or an agent of the Property Owner. The scope of the visit will be agreed to in advance. The Property Owner - 15 - 16E1 shall not unreasonably withhold access to enter upon his /her property and agrees to grant the Commission and /or the Service access with reasonable notification. C. Financial Assistance If funds become available for managing RCWs on private land, the Commission shall seek to give the Property Owner priority access to those funds to help offset the costs of undertaking management activities. Any financial assistance given to the Property Owner must be used for current or future activities and not applied to past activities. Activities including, but not limited to, baseline surveys, midstory control, pre - commercial thinning, prescribed burning, artificial cavity installation, cavity maintenance and demographic monitoring can be considered for financial assistance. iG- 16EI Section VI. Attachments to the Agreement The following attachments are hereby incorporated and made part of this Agreement: Attachment A — Evaluation Form Outlining Baseline Responsibilities, Conservation Measures and Conservation Benefits Attachment B — Map of the Property Owner's Enrolled property and the Enrolled property's Legal Description (include RCW habitat and cluster locations) Attachment C — Map of RCW Clusters within 0.5 miles of the Enrolled property (if any exist) Attachment D — Certificate of Inclusion Attachment E — Annual Report of Activities for Safe Harbor Management Agreement (to be added after 1 year of enrollment of Property Owner through to expiration/termination date) RCW Clusters Attachment — Form for Providing Information on Multiple RCW Clusters n- VII. Signatures and Information Administrator: Tim Breault Florida Fish and Wildlife Conservation Commission 620 South Meridian St. Tallahassee, Florida 32399 -1600 Phone: (850) 488-4676 Signature: Property Owner: Name: Mailing Address: Physical Address: Telephone Number: Cellular Phone Number: E -Mail Address: ATTEST: DW HT=E, BROCK, CLERK to i "ttw' . Appm, a as to form and legal Sufficiency: Jennif6r B. White Assistant County Attorney Date: BOARD OF COUNTY COMMISSIONERS OF COLLI OUNTY, FLO IDA By: x �, 0 ./l 18- DONNA FIALA, CHAI 16E] VIII. Literature Cited 16E1 U.S. Fish and Wildlife Service. 2003. Red - cockaded woodpecker (Picoides borealis) recovery plan: Second Revision. U.S. Fish and Wildlife Service, Southeast Region, Atlanta, Georgia. 296 pp. 19- 16E I ATTACHMENT A TO FLORIDA SAFE HARBOR MANAGEMENT AGREEMENT NO. 2005.001 Evaluation Form Outlining Baseline Responsibilities, Conservation Measures and Conservation Benefits I. Background Information A. Date of evaluation: 10/28/2008 B. Tract Name: Nancy Payton Preserve C. Tract Location: 1. County: Collier 2. Tax Map #: 61730440005 3. Latitude: 26° 11' 52" N; Longitude: 81° 40' 2" W D. Tract Owners Name: Collier Countv Conservation Collier Program Address: 3301 Tamiami Trail E. Naples. FL. 34112 Phone #: 239- 252 -2961; Fax #: 239 - 793 -3795 E. Contact Person Christal Segura (Owner_; Employee_; Consultant_; Manager Address: Conservation Collier — Facilities Bldg W 3301 Tamiami Trail E. Naples, FL, 34112 Phone #: 239 - 252 -2495; Fax #: 239 - 793 -3795 II. Baseline Assessment Tract Information A. Total tract acreage: 69 B. Total number of acres enrolled in Safe Harbor: 69 C. Number of active clusters for which Property Owner has 100% responsibility: 0 D. Number of active clusters for which Property Owner has partial responsibility: 0 E. Number of active clusters for which Property Owner has 100% foraging habitat responsibility: 0 ;Total acreage involved: 0 F. Number of active clusters for which Property Owner has partial foraging habitat responsibility: I , Total acreage involved: 69 G. For each RCW cluster, provide the following information (see separate "RCW Clusters" attachment for providing information on more than 1 cluster): Cluster # Total basal area of pines 10" DBH or greater ( >8 inches DBH in S. Florida slash pine) provided for forage sq. ft. Number of RCWs present Sex & age, if known Total Number of cavity trees Number of active completed cavities Number of inactive, but suitable, cavities Number of active starts Number of inactive starts 16E1 H. Identify how the baseline was determined, when and how the baseline surveys were conducted, and whether the baseline was established based on already -known information or other factors: On 10/28/2008, Roy DeLotelle, Collier County staff and FWC Safe Harbor Coordinator Kristina Jackson walked the site looking for RCW cavities. No cavities and no RC Ws were seen that day. In recent times, multiple site visits by Collier County staff have been conducted where RC Ws were observed. It is believed that local RCWs depend on this land for foraging Individual(s) who conducted RCW cavity tree surveys: Primary Contact: Ro DeLotelle Phone Number: 352- 871 -3105 Additional Names: Marilyn Knight, US Fish & Wildlife Service_ Christal Segura — Collier County J. Individual(s) who calculated foraging habitat analysis: Primary Contact: n/a Phone Number: Additional Names: K. Based on the total tract size, current number of active clusters and the associated cluster and foraging habitat, current and/or expected future forest conditions, and the Property Owner's long -term land management objectives, are there opportunities to increase the RCW population on the tract'? X Yes No. If yes and the tract is large enough to support at least 10 active clusters, is the Property Owner interested in considering serving as a mitigation bank? _Yes No. Neighboring Tract Information — List all known RCW populations by tract/owner name, # of active clusters, and distance (to the closest mile) within 10 miles of Property Owner's property (1) population: Hideout Golf Course, Folio # 61731640008 Size: I cavity tree ; distance: about 500 feet east of property line (2) population: James Cowan, Folio # 61731680000 Size: 2 cavity trees; distance: 584 feet and 760 feet east of property line. (3) population: Antonio Fava TR 00332360007; size: 5 cavities; distance: 2 miles (4) population: Roy S. Claudio 00338400000; size: -1 cavi ; distance: 1.9 miles (5) population: Vincent Borrero 00339000001; size: 1 cavi ; distance: 2.3 miles (6) population: Charlie & Margaret Lunt 00337880003; size: _1 cavity ; distance: 24 miles (7) population:_ Lisa Loiacano 00338720007; size: 3 cavities; distance: 2.6 miles (8) population: Francis & Mary Hussev, Jr. 00342040003; size: 5 cavities; distance: 16E1 III. Conservation Measures to be Implemented (as program funding allows) Note: Check all that apply and fill in the blanks. Prescribed Fire Property Owner agrees to conduct prescribed tires on a regular or recurring basis in occupied RCW habitat that will be maintained or enhanced by the prescribed fire. Property Owner will prescribe burn (acres or 'Yo) of the enrolled property every year(s). X Property Owner agrees to conduct prescribed fires on a regular or recurring basis in potentially suitable nesting or foraging habitat and the use of prescribed fire will restore or enhance the areas as RCW habitat. Property Owner will prescribe burn at least 64 acres or 93% (acres or %) of the enrolled property every 3�5 year(s). X Property Owner agrees to conduct prescribed fires on a regular or recurring basis in unsuitable habitat, but, in this situation, also agrees to conduct the prescribed fires for a period sufficient for the habitat to either become occupied by RCWs or to become potentially suitable nesting or foraging habitat. Property Owner will prescribe burn at least 64 acres or 93% (acres or %) of the enrolled property every 3 -5 year(s). Forest Management Property Owner agrees to implement timber management practices in occupied RCW habitat that are compatible with RCW habitat requirements on the enrolled property. Silvicultural system(s) used within RCW clusters: Silvicultural system(s) used in foraging habitat: X Property Owner agrees to implement forest management practices that are compatible with RCW nesting and /or foraging habitat requirements in unoccupied but potentially suitable habitat. Practices will include the following: Increase rotation age from _ years to years in potential nesting habitat over at least 10 contiguous acres. Increase rotation age from years to years in potential foraging habitat over at least 75 contiguous acres. X Plant appropriate native pine (typically longleaf or south Florida slash) and maintain those pines for at least 40 years. Thin overstocked (greater than 80$ basal area /acre) stands; acres will be thinned to between 40 and 70 ftz pine basal area. X Property Owner agrees to implement or maintain a forest management strategy or plan that restores habitat to a condition that will, in the future, provide potentially suitable nesting or foraging habitat. Practices will include the following: Increase rotation age from years to _ years in potential nesting habitat over at least 10 contiguous acres. 16E Increase rotation age from years to ___ years in potential foraging habitat over at least 75 contiguous acres. X Plant appropriate native pine (typically longleaf or south Florida slash) and maintain those pines for at least 40 years. 'thin overstocked (greater than 80ft basal area/acre) stands; acres will be thinned to between 40 and 70 ftZ pine basal area. Hardwood Control Property Owner agrees to reduce /control hardwood basal area and midstory vegetation in occupied habitat on the enrolled property using the following methods: Prescribed burning at a _ to year interval Chemical treatment; List chemicals Mechanical treatment; List methods X Property Owner agrees to reduce /control hardwood basal area and midstory vegetation in unoccupied but potentially suitable RCW habitat on the enrolled property using the following methods: _X Prescribed burning at a 3 to 5 year interval Chemical treatment; List chemicals_ X Mechanical treatment; List methods possibly a Posi -trac or Brown Tree Cutter for dense palmetto areas; hand removal of scattered sabal palms X Property Owner agrees to reduce /control hardwood basal area and midstory vegetation in habitat that is unsuitable for a period sufficient for the habitat to either become occupied by RCWs or to become potentially suitable nesting or foraging habitat using the following methods: • Prescribed burning at a 3 to 5 year interval Chemical treatment; List chemicals • Mechanical treatment; List methods possibly a Brown Tree Cutter for dense palmetto areas; hand removal of scattered sabal palms RCW Cavity Installation and Maintenance Property Owner agrees to install artificial cavities in occupied RCW clusters on the enrolled property. Each active RCW cluster must have at least 4 complete cavities in suitable condition. cavities in clusters insert cavities; drilled cavities Property Owner agrees to install cavity restrictors on enlarged cavities such that each cluster has a minimum of 4 complete cavities in suitable condition. restrictors in clusters X Property Owner agrees to install and maintain artificial cavities at appropriate sites on the enrolled property in potentially suitable, unoccupied nesting habitat and at least four (4) complete cavities are installed per site. RCW Population Management Property Owner agrees to provide opportunity for the Commission, USFWS, or a third party to translocate subadults from other properties to the enrolled property. Translocations will involve the following: Potential Breeding Pair(s) (unrelated subadults) Single Male(s) Single Female(s) Property Owner agrees to provide opportunity for the Commission, USFWS, or a third party to translocate subadults into habitat on the enrolled property that is occupied by a single (male or female) RCW. Translocations will involve the following: Potential Breeding Pair(s) (unrelated subadults) Single Male(s) Single Female(s) Property Owner agrees to provide opportunity for the Commission, USFWS, or a third party to translocate subadults from the enrolled property to other properties. Translocations will involve the following: Potential Breeding Pair(s) (unrelated subadults) Single Male(s) Single Female(s) 16E1 IV. Conservation Benefits The following conservation benefits to RCWs are expected as a result of implementing the conservation measures identified in this Agreement: Note: the Commission will check all that apply. Occupied RCW nesting and foraging habitat will be maintained at current levels, which will assist in meeting RCW recovery goals and will help maintain population stability. Existing RCW populations will be maintained and enhanced through the installation of artificial RCW nesting and roosting cavities. X New RCW groups will be created through natural population expansion and /or the installation of artificial RCW nesting and roosting cavities and/or translocation efforts on the enrolled property. Other RCW populations will be augmented through translocation of surplus subadult RCWs from the enrolled property to suitable sites. X Suitable RCW habitat will be enhanced, restored, and /or created. X RCW habitat connectivity will increase as a result of habitat enhancement, restoration, and creation efforts. Additional information on RCW population productivity and demographics in Florida will be obtained. X Public support for RCW conservation and endangered species management will increase by demonstrating government agency sensitivity, cooperativeness, and flexibility. Much of the past and current criticism of environmental regulations and private property rights has focused on ESA- related habitat management restrictions. 16E1 V. Implementation Schedule Specify the time frames within which the Property Owner agrees to accomplish the conservation measures agreed upon in this Agreement. For each activity, list the agreed upon dates to accomplish each action: Management Activities to be Implemented A. Activity: reduce palms and palmettos by mechanical means Completion Date: end of calendar year 2008 (Complete) after A is completed B. Activity: I" prescribe burn will occur sometime in the Winter as a dry season burn (weather permitting). A cooler burn is necessary to reduce fuel loads before switching to growing season burning_ Completion Date: end of calendar year 2009 or early 2010 after B is completed C. Activity: prescribe burn at least 93% of property every 3 -5 years Completion Date: every 3 -5 years after first initial bum D. Activity: reduce palms and palmettos using mechanical or chemical means Completion Date: as appropriate; when midstory becomes more than sparse and/or greater than 7ft. in height. Mechanical /chemical reduction will be used before burn routine begins then prescribed fires should be all that is needed to maintain midstory control. E. Activity: thin pine stands Completion Date: as appropriate to maintain stocking at or below 70BA F. Activity: plant south Florida slash pine in areas where wildfire occurred Completion Date: 2013 G. Activity: install artificial cavities Completion Date: Winter 2008 -2009 after hardwood control and /or ls' bum H. Activity: Completion Date: I. Activity: Completion Date: J. Activity: Completion Date: K. Activity: Completion Date: L. Activity: Completion Date: M. Activity: Completion Date: N. Activity: Completion Date Attachment B Conservation Collier Nancy Payton Preserve & Baseline Survey Waypoints 0 M5 90 1,060 Feet N �GAer County w+E �VS Folio Number: 61730440005 ant•Smree: Collie, Cou:ty Ptcpery Apprabor2008 aerials yiypolts: KJ (FWC) Created By: 018 / Conservatlon Collier l CS Q Conmr tlmCollledhlapsheyulmdproperties/ sohoolboardelose, tidal /S faMa:bor9atinev ypta 12_4_08.mad & Jp% Date 12/408 Legend QNalcy Pay ton Preserve Ad1a M RCW trees PINaIn Property WAYPOINT O 1- pob ntial duster area 0 2 -good art8idal cavity tree O ag W Wgcial cavity tree O 4goW artdiaal cavity tree O 5goodc Vtree are a-(5 PM side tree s) O 6-po ten l al dusts r a rea 0 7 -good artificialcavdytree- 185 dth O 8-good alffnalceAytree -Mdbh 0 Mig old tree 161 ATTACHMENT B PART CONSERVATION COLLIER Property Identification Number: 61730440005 TAX IDENTIFICATION NUMBER: 61730440005 LEGAL DESCRIPTION: 16E ALL OF TRACTS 7, 8, 9 AND 12, AND THE NORTH 82.5 FEET OF THE SOUTH 825.0 FEET OF TRACT 10, NAPLES FARM SITES, INC., ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 34, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SUBJECT TO AN ACCESS EASEMENT OVER, ALONG AND ACROSS THE WEST 30 FEET THEREOF. PAGE 1 of 2 ATTACHMENT B PART 2 * ** OR: 4410 PG: 2589 *** 16 PROPERTY TAX IDENTIFICATION NUMBER: 61731040006 LEGAL DESCRIPTION: NAPLES FARMS SITES: THE NORTH 165 FEET OF THE SOUTH 330 FEET OF THE EAST HALF OF TRACT 10, SECTION 24, TOWNSHIP 49 SOUTH, RANGE 26 EAST RECORDED IN PLAT BOOK 4 AT PAGE 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND PROPERTY TAX IDENTIFICATION NUMBER: 61730960006 LEGAL DESCRIPTION: co COUP NAPLES FARMS SITES: THE NOR 24 .5 T SOU 2.5 FEET OF THE WEST HA IN LAT BOOK 4 AT PAGE 34 O L L IER COUNTY, FLORIDA. AND PROPERTY TAX IDENTIFICATIO*#tE*IBM M00004 LEGAL DESCRIPTION: NAPLES FARMS SITES: THE NORTH 247.5 FEET OF THE SOUTH 742.5 FEET OF THE EAST HALF OF TRACT 10, RECORDED IN PLAT BOOK 4 AT PAGE 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Page 2 of 2 RR r� ��.� � �� M 1•., Y I`�1� � °K ��' '� . ±1 �J..-�r. 11A 'i�: j rrM1 g:: � + y Irk #V4A L � e ln.' j Y s vo ;) 06 16E ATTACHMENT D TO FLORIDA SAFE HARBOR MANAGEMENT AGREEMENT Certificate of Inclusion in the Florida Statewide Red - cockaded Woodpecker Safe Harbor Agreement and Enhancement of Survival Permit This certifies that (Property Owner's Name —Property Owner) Collier County Conservation Collier Program , the Property Owner (s) of the property located in Collier County, east of Blue Sage Drive, north of Brantley Blvd (township 49, range 26 section 24), and any future owner(s) of the property, are included within the scope of Enhancement of Survival Permit No.TE 113463 -0, issued by the U.S. Fish and Wildlife Service (Service) on (Date) 05/19/2006 to the Florida Fish and Wildlife Conservation Commission (the Commission). This Certificate of Inclusion authorizes the Property Owner to conduct the activities that are specified in Safe Harbor Management Agreement (SHMA) No.003 between the Property Owner and the Commission for the red- cockaded woodpecker (Picoides borealis) (RCW). The Property Owner, and any future owners of the property, are hereby authorized, subject only to the terms and conditions of the Permit and the terms and conditions of the SHMA, to engage in, implement, or otherwise conduct the activities specified in the SHMA on the property even though these activities may result in the incidental taking of the RCW. However, the incidental taking of the RCW shall not result in a diminishment of the Property Owner's baseline responsibilities on the property as specified in the SHMA. Additionally, this Certificate provides the Property Owner with the following regulatory assurances: "If additional conservation measures are necessary to respond to unforeseen . circumstances, the Service may require additional measures of the Permittee (and /or participating Property Owners) only if such measures are limited to modifications within the SHMA's conservation strategy for the affected species, and only if those measures maintain the original terms of the SHMA (and Certificates issued therein) to the maximum extent possible. Additional conservation measures will not involve the commitment of additional land, water, or financial compensation, or additional restrictions on the use of land, water, or other natural resources available for development or use under the original terms of the SHMA (and Certificates issued therein) without the consent of the Permittee (and affected participating Property Owner (s))." The Service will have the burden of demonstrating that unforeseen circumstances exist, using the best scientific and commercial data available. These findings must be clearly documented and based upon reliable technical information regarding the status and habitat requirements of the affected species. The Service will consider, but not be limited to, the following factors: i Size of the current range of the affected species; Percentage of range adversely affected by the Agreement; Y Percentage of range conserved by the Agreement; i Ecological significance of that portion of the range affected by the Permit; 16E Y Level of knowledge about the affected species and the degree of specificity of the species' conservation program under the Agreement; and i Whether failure to adopt additional conservation measures would appreciably reduce the likelihood of survival and recovery of the affected species in the wild. These assurances allow the enrolled Property Owner to alter or modify the enrolled property, even if such alteration or modification results in the incidental take of the RC W to such an extent that the take returns the RCW to the originally agreed upon baseline conditions. These assurances may apply to the entire enrolled property or to portions of the enrolled property as designated or otherwise specified in the SHMA. These assurances are also contingent on the enrolled Property Owner's compliance with the obligations of the SHMA. Further, the assurances apply only to this particular SHMA, only if the SHMA is being properly implemented, and only with respect to species covered by the SHMA. These authorizations and assurances expire on (Date Permit Expires) 12/31/2105 (The Commission, Permittee) ATTEST: DWIGHT E. B` K, CLERK Attest at-,to bw Rfb ` Approval as to form and legal Sufficiency: T,) )&) bw Jennifer B. White Assistant County Attorney (Date) BOARD OF COUNTY COMMISSIONERS OF COLLIER OUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN 16 , 1. ATTACHMENT E TO FLORIDA SAFE HARBOR MANAGEMENT AGREEMENT Annual Monitoring Report for the Safe Harbor Management Agreement Between the Florida Fish and Wildlife Conservation Commission and Property Owner's Name: Commission Permit Tracking Number: Baseline RCW Number: County(ies): _ _ Safe Harbor Management Agreement Approved By: the Commission Covered Species: Red - cockaded woodpecker (Picoides borealis) (RCW) Physical Address of Property: Signature of Property Owner: Date of Report Completion: For Period: Summary Please summarize actions conducted for the reporting period and detailed later in this report. Check all appropriate boxes. Section II. Habitat Management Part I. Midstory Control Part II. Cavity Installation Part III. Recruitment Clusters Part IV. Total Management Acres Section III. Population Status Data Ntunber Active Cluster Has Rise Number of RC Ws Has Risen Section IV. Competition/Prcdation Section V. Research UN, Section VI. Injury and Mortality Section VII. Baseline of Zero Annual RCW Population Data Report Section I. Basic Site Information A. Ownership (circle one): State Private Other (explain): B. Site Name C. Name of individual Filling Out This Form D. E -mail E. Phone Number F. Office responsible for monitoring if any: G. Reporting period: H. Name of individuals /organization and phone numbers (list all individuals) if not an employee of the site, who: H.I. Collected the RCW population monitoring data Phone Number _ H.2. Installed artificial cavities Phone Number H.3. Installed competition/predation devices Phone Number_ HA Translocated RCWs Phone Number H.5. Conducted any research indicated in Section VIII Phone Number If your baseline is zero, move to Section VII. 16E1 Section II. Habitat Manal?ement Data Part I. Midstory Control Was there any midstory control done on the property this reporting period? _yes no If yes, complete A below; if no, move on to Section 1, Part 11. A. Active and inactive clusters treated for midstory control /maintenance: Total acres prescribed burned this reporting year Acres burned in growing season (generally March - October) Acres burned in non - growing season (generally November - February) Part II. Cavity Installation/Maintenance Were any new cavities installed on the property this year? des no If yes, answer questions B through K; if no, move on to Section I, Part III. Were any cavities reconditioned/cleaned? des no If yes how many? Questions B through E refer to ACTIVE clusters B. Number of active clusters where artificial cavities were installed (either drilled or inserts) C. Number of starts drilled in active clusters D. Number of drilled cavities installed in active clusters E. Number of inserts installed in active clusters Active Inactive Total treated (any method) acres acres Number treated with fire acres acres Number treated with chemicals acres acres Number treated with mechanical means acres acres Number treated manually acres acres Total acres prescribed burned this reporting year Acres burned in growing season (generally March - October) Acres burned in non - growing season (generally November - February) Part II. Cavity Installation/Maintenance Were any new cavities installed on the property this year? des no If yes, answer questions B through K; if no, move on to Section I, Part III. Were any cavities reconditioned/cleaned? des no If yes how many? Questions B through E refer to ACTIVE clusters B. Number of active clusters where artificial cavities were installed (either drilled or inserts) C. Number of starts drilled in active clusters D. Number of drilled cavities installed in active clusters E. Number of inserts installed in active clusters 16E1 Questions G through K refer to INACTIVE clusters F. Number of inactive clusters where artificial cavities were installed (either drilled or inserts) G. Number of starts drilled in inactive clusters H. Number of drilled cavities installed in inactive clusters I. Number of inserts installed in inactive clusters J. Total number of inactive clusters available last January K. Number of inactive clusters available last year that were active in reporting period Part III. Recruitment Clusters Were any recruitment clusters established on the property this year? des _no If yes, answer questions L through R; if no, move on to Section I, Part IV. L. Number of recruitment clusters established (established means artificial cavities /starts provisioned, midstory controlled, foraging habitat identified) M. Number of drilled artificial cavities installed in recruitment clusters N. Number of inserts installed in recruitment clusters O. Number of starts drilled in recruitment clusters P. Total number of recruitment clusters available for RCWs last reporting period Q. Number of recruitment clusters established last reporting period that became active this year R. Number of recruitment clusters noted in Part III. -Q with: 1. solitary birds 2. potential breeding pairs 3. unknown demography 4. captured status Part IV. Total Management Acres (adjacent clusters occupied by one group) S. Total acres (nesting and foraging) that are designated for RCW management on your site? Section III. Population Status Data A. Number of Active Clusters B. Number of Active Cavity Trees C. Number of Potential Breeding Groups D. Number of Solitary Birds E. Year of last complete (100 %) systematic survey for new RCW cavity trees /clusters on the site F. Number of acres of the enrolled property systematically searched for new RCW cavity trees /clusters the year of this report (attach map of survey area) G. Year of last complete (100 %) status (active or inactive) survey of all known active and recruitment clusters H. Percent of known active and recruitment clusters examined for status (active or inactive) the year of this report I. What is your site's population goal? J. Number of above baseline RCW groups? Number of active clusters 16E 16E Cluster status definitions: ---------------------------- Active: 1 or more active cavities in the cluster during the breeding season of the reporting year. Inactive: a cluster that is suitable for RCW occupancy and that has been active in the last 5 years, but has no active cavities during the breeding season of the reporting year. Recruitment: reconditioned abandoned cluster, or newly created cluster, suitable for RCW occupancy and less than 5 years have elapsed since reconditioning or creation. Recruitment clusters become Active clusters upon breeding season occupancy. Abandoned: a cluster that has not been active in the last 5 years, including recruitment clusters that were established greater than 5 years ago and have never been active. Abandoned clusters may also include clusters that have been inactive and not been managed for several years and are proposed for removal from long -term management. Abandoned clusters don't count as part of the monitoring obligation. All clusters proposed to be classified as abandoned should be submitted to the USFWS; permission is required from the US FWS to p ermanently eliminate them from management. Clusters Under Management all active, inactive and recruitment clusters (does not include deleted clusters). Definition of % sample = # clusters checked for activity status a # clusters under management x 100. Section IV. Competition /Predation Were there any cavity restrictor plates installed on the property this year? _yes no If yes, answer A through I; if no, go to G. G. Number of active clusters where flying squirrels were removed G.1. Number of flying squirrels removed H. Number of inactive clusters where flying squirrels were removed H.1. Number of flying squirrels removed I. Number of recruitment clusters where flying squirrels were removed LL Number of flying squirrels removed Restrictors' ive clusters with this device on one or more trees ive cavity trees with this device PE ctive clusters with this device on one or more trees ctive cavity trees with this device E. Number of recruitment clusters with this device on one or more trees F. Number of recruitment cavity trees with this device G. Number of active clusters where flying squirrels were removed G.1. Number of flying squirrels removed H. Number of inactive clusters where flying squirrels were removed H.1. Number of flying squirrels removed I. Number of recruitment clusters where flying squirrels were removed LL Number of flying squirrels removed 16 J Section V. Research Check each box that corresponds to research activities that are occurring in your RCW population. Also, answer any questions associated with each activity. Use additional copies of this sheet if more entries are required for any category. If the exact age of RCW(s) is unknown use the following age categories: adult, sub - adult, nestling, or unknown. NOTF,: All of the following activities require a U.S. Fish and Wildlife Service Section 10(a)(1)(A) permit and a Commission scientific collecting permit. IJ Egg collections Total number collected Number of nests involved ❑Birds placed in an aviary Band# Number of days in aviary Sex Age Release results provide above information for each bird placed in aviary JRadio transmitters attached Band# Sex Age provide above information for each bird with a transmitter attached Chicks cross - fostered Number of nests involved IJ Pit tags implanted Band# Sex Age Number of chicks moved provide above information for each bird with a pit tag implanted ❑Cameras installed in cavities or on or adjacent to cavity trees Number of nest cavities with cameras in them Number of non -nest cavities with cameras in them Number of cavity trees with cameras on them JModified inserts installed Number of active clusters with modified inserts Number of active cavity trees with modified inserts Number of inactive cavity trees with modified inserts Number of recruitment clusters with modified inserts Number of recruitment cavity trees with modified inserts 16E I ❑Blood samples collected Number of groups involved Number of adults sampled Number of chicks sampled 'Parasite and /or disease research Number of groups involved Number of adults sampled Number of chicks sampled Number of cavities sampled Section VI. Injury and Mortality Section 10 permit holders please note that your permit contains separate requirements for immediate notification in case of injury or mortality. Please observe those reporting requirements in addition to the annual summary information requested below. A. Fill in the information below for each bird injured For how injured, please choose one of the following: trapping, banding, research related (list specific cause), translocation, competition/predation device, artificial cavity (drilled or insert), other. If other, please provide an explanation. Age of RCW injured (Nestline, sub -adult adult) Sex How injured Date injured (add additional copies of this sheet if necessary) LM Section VII. Baseline of Zero Number of above - baseline clusters Number of potential breeding pairs Number of solitary birds Number of acres where midstory was controlled Please describe method of control Number of recruitment clusters Number of artificial cavities in each recruitment cluster Number of artificial cavities that are inserts Number of artificial cavities that are drilled Number of artificial cavities where maintenance was performed Number of artificial cavities where cavity restrictors were installed "Under penalty of law, I (Property Owner) certify that, to the best of my knowledge, after appropriate inquiries of all relevant persons involved in the preparation of this report, the information submitted in this report is true, accurate, and complete." Signature of Reporter Date Date Annual Report is Due: on or before January 31 st for the prior calendar year. Date Annual Report was Received: Date Annual Report was Reviewed: Signature of Reviewer: Printed Name and Phone # of Reviewer: 16, I